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STATE v. STEPHENS

A166474.

493 P.3d 2 (2021)

311 Or. App. 588

STATE of Oregon, Plaintiff-Respondent, v. Mitchell Keith STEPHENS, Defendant-Appellant.

Court of Appeals of Oregon.

May 19, 2021.

Attorney(s) appearing for the Case

Thaddeus Betz, Bend, argued the cause and filed the briefs for appellant.

Joanna L. Jenkins, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before DeHoog, Presiding Judge, and Aoyagi, Judge, and Hadlock, Judge pro tempore.

While driving down a straight stretch of road during daylight hours, defendant hit a bicyclist who was riding on the road's shoulder. The bicyclist died. Defendant did not stop, and he later expressed belief that he had hit a deer. A police investigation revealed evidence that defendant had been intoxicated when he hit the...

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