Oregon Appellate Court, July 21, 2021

by: Rankin Johnson • July 21, 2021 • no comments

Summarized by Rankin Johnson, OCDLA

DUII - Breath test procedure

Police officer's failure to check whether defendant had regurgitated invalidated breath test. Reversed.

The officer did not form a belief that defendant had not regurgitated, and explained that he did not investigate further because he thought defendant was trying to game the system.

State v. Leinweber 313 Or App 404 (July 21, 2021) (Armstrong) (Umatilla County, Temple)

FINES, FEES, AND COSTS - Ability to pay

Defendant's application for a job did not establish that he would be able to pay attorney's fees. Reversed.

The court explained that counsel's brief comment (that defendant had applied for but not received a job) preserved the issue, because the comment only made sense as relating to the ruling that the court was considering.

State v. Geddeda 313 Or App 440 (July 21, 2021) (Armstrong) (Washington County, Sims)

UNLAWFUL USE OF A VEHICLE - Knowledge that car is stolen

Driving car with shaved-down keys, after buying it for $500 cash without receiving title, was sufficient to prove defendant knew car was stolen. Affirmed.

The court reversed defendant's convictions that were based on nonunanimous jury verdicts.

State v. Witt 313 Or App 479 (July 21, 2021) (Kistler) (Washington County, Menchaca)