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STATE v. BERLINER

052028; A134929.

222 P.3d 744 (2009)

232 Or. App. 539

STATE of Oregon, Plaintiff-Respondent, v. Steven James BERLINER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 16, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Robin A. Jones, Senior Deputy Public Defender, Legal Services Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Rolf C. Moan, Acting Solicitor General, and Joanna L. Jenkins, Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and DEITS, Senior Judge.

SCHUMAN, P.J.

Defendant, while intoxicated, lost control of his vehicle and drove it off of a rural road. As a result of the accident, one of his passengers suffered fatal injuries and another was seriously injured. A jury found defendant guilty of manslaughter in the first degree, manslaughter in the second degree, assault in the third degree, driving under the influence of intoxicants (DUII), reckless driving, and reckless endangerment of another person. On appeal...

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