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.