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STATE v. McLAIN

A180783.

561 P.3d 669 (2024)

336 Or. App. 524

STATE of Oregon, Plaintiff-Respondent, v. Christopher Gragg McLAIN, Defendant-Appellant.

Court of Appeals of Oregon.

December 4, 2024.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Emily P. Seltzer, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Erica L. Herb, Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, Hellman, Judge, and Mooney, Senior Judge.

Defendant challenges his conviction for driving while under the influence of intoxicants (DUII), ORS 813.010. On appeal, defendant raises four assignments of error, three of which are based on the state's loss of a video recording of defendant waiting to perform a breath test at the police station. The breath test showed that defendant...

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