State v. McFeron

Defendant appeals from his conviction for driving under the influence of intoxicants (DUII), ORS 813.010. On appeal, defendant argues that the trial court erred in admitting certain testimony by “drug recognition experts,” in denying his motion for a mistrial, in denying his motion for judgment of acquittal, and in instructing the jury. For the following reasons, we reverse and remand for a new trial.

On appeal from a conviction, we recite the facts in the light most favorable to the state. State v. Rose, 311 Or 274, 276, 810 P2d 839 (1991). In January 1997, defendant was stopped by Officer…