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STATE v. BURNETT

A169643.

497 P.3d 1252 (2021)

314 Or. App. 550

STATE of Oregon, Plaintiff-Respondent, v. David Paul BURNETT, Defendant-Appellant.

Court of Appeals of Oregon.

September 15, 2021.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, and Stacy M. Du Clos, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.

Defendant appeals from a judgment of conviction of one count of Driving Under the Influence of Intoxicants (DUII), raising four assignments of error.1 We affirm.

In defendant's third assignment of error he argues that the trial court plainly erred by not sua sponte excluding evidence of his breath...

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