State v. Olmstead

*457GRABER, J.

Defendant was charged with driving under the influence of intoxicants (DUII), ORS 813.010,1 and driving while suspended (DWS), ORS 811.182.2 Pursuant to ORS 161.309, he gave notice of his intent to raise the affirmative defense of guilty except for insanity under ORS 161.295. The state filed a motion in opposition, requesting “that the court strike defendant’s Notice of Intent to Rely Upon The Mental Disease or Defect Defense Under ORS 161.295.” The trial court granted the motion. It reasoned:

“[State v.] Maguire[, 78 Or App 459, 717 P2d 226 (1986), aff’d without opinion by an…