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STATE v. McINTIRE

A175345.

537 P.3d 608 (2023)

328 Or. App. 328

STATE of Oregon, Plaintiff-Respondent, v. Brian James MCINTIRE, Defendant-Appellant.

Court of Appeals of Oregon.

September 27, 2023.

Attorney(s) appearing for the Case

Kyle Krohn, Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

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 Shorr, Presiding Judge, and Mooney, Judge, and Pagan, Judge.

Defendant appeals from a judgment of conviction for first-degree manslaughter, ORS 163.118 (Counts 1 and 2); fourth-degree assault, ORS 163.160 (Count 4); and driving under the influence of intoxicants (DUII), ORS 813.010 (Count 5).1 On appeal, defendant raises two assignments of error. His first assignment...

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