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STATE v. CARTER

A176781.

544 P.3d 1017 (2024)

330 Or. App. 629

STATE of Oregon, Plaintiff-Respondent, v. Jessica Nichole CARTER, Defendant-Appellant.

Court of Appeals of Oregon.

February 14, 2024.

Attorney(s) appearing for the Case

Brett J. Allin, Deputy Public Defender, argued the cause for appellant. Also on the brief was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Philip Michael Thoennes, 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, Mooney, Judge, and Pagán, Judge.

Defendant appeals from a judgment of conviction for one count of driving under the influence of intoxicants (DUII), ORS 813.010, and one count of reckless driving, ORS 811.140. Defendant argues that the trial court plainly erred by providing a "Miles instruction" (UCrJI 2708) to the jury.1 For the...

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