State v. Stubbs

Defendant was convicted after a jury trial of one count of driving under the influence of intoxicants (DUII), a misdemeanor. ORS 813.010.1 After the court gave its jury instructions but before deliberations had begun, a juror asked the court whether Ambien, a central nervous system depressant, was a controlled substance. In response, the court did not answer the juror’s question and instead indicated that the jury was to proceed to deliberations, having heard all the evidence and the jury instructions. On appeal, defendant assigns error to the trial court’s failure to instruct the jury…