State v. McIntire

328 Argued and submitted February 2, affirmed September 27, 2023, petition for review denied February 1, 2024 ( 372 Or 26) STATE OF OREGON, Plaintiff-Respondent, v. BRIAN JAMES McINTIRE, Defendant-Appellant. Linn County Circuit Court 19CR48522; A175345

537 P3d 608

Defendant appeals from a judgment of conviction for two counts of man- slaughter, fourth-degree assault, and driving under the influence of intoxicants (DUII). He assigns error to (1) the trial court’s denial of his motion in limine to exclude the results of the field sobriety horizontal gaze nystagmus test; and (2) the trial court’s…