State v. Smith

787 Submitted January 17, 2019, affirmed March 11, 2020 STATE OF OREGON, Plaintiff-Respondent, v. DENIS S. SMITH, aka Denis Smith, Defendant-Appellant. Multnomah County Circuit Court 17CR00076; A165221

462 P3d 310

In this criminal case, defendant appeals from a judgment convicting him of driving under the influence of intoxicants, ORS 813.010, and reckless driving, ORS 811.140. Defendant argues that under State v. Banks, 364 Or 332,

434 P3d 361

(2019), the trial court erred by admitting evidence that he refused to take a breath test and by instructing the jury that it could consider his refusal…