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State v. Latter

Oregon Court of Appeals
Feb 25, 1987
84 Or. App. 136 (Or. Ct. App. 1987)

Opinion

86-7008; CA A39837

Argued and submitted October 10, 1986.

Reversed and remanded for new trial February 25, 1987.

Appeal from the District Court, Tillamook County, Bert Gustafson, Judge.

William Uhle, Portland, argued the cause and filed the brief for appellant.

Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Richardson, Presiding Judge, and Newman and Deits, Judges.


PER CURIAM

Reversed and remanded for a new trial.


Defendant appeals his conviction for driving under the influence of intoxicants and assigns as error the trial court's admission of testimony regarding the results of a horizontal gaze nystagmus test. Because this case is not materially distinguishable from State v. Reed, 83 Or. App. 451, 732 P.2d 66 (1987), we conclude that the trial court erred in admitting the testimony.

Reversed and remanded for a new trial.


Summaries of

State v. Latter

Oregon Court of Appeals
Feb 25, 1987
84 Or. App. 136 (Or. Ct. App. 1987)
Case details for

State v. Latter

Case Details

Full title:STATE OF OREGON, Respondent, v. DENNIS WILLIAM LATTER, Appellant

Court:Oregon Court of Appeals

Date published: Feb 25, 1987

Citations

84 Or. App. 136 (Or. Ct. App. 1987)
732 P.2d 960