State v. Gill

Defendant appeals a conviction for driving while under the influence. ORS 813.010. He assigns as error the trial court’s preclusion of a defense witness because of an alleged discovery violation. We reverse and remand.

On the morning of trial, the defense notified the state for the first time that it would be calling a witness to testify about the amount of alcoholic beverages consumed by defen- • dant. The witness would testify that he had been with defendant throughout the day and evening, including being at a tavern with him. Defendant was arrested after he left the tavern. Defense counsel…