State v. Schlesser

Defendant appeals his conviction for driving while under the influence of intoxicants. The state concedes that the trial court erred in refusing to require the state to produce statements of defendant and the arresting officer made during a police internal affairs investigation of the circumstances surrounding defendant’s arrest, and we agree. ORS 135.815; State ex rel Wilson v. Thomas, 74 Or App 137, 700 P2d 1045, rev den 300 Or 64 (1985).

Because the statements are not in the record, we are unable to determine what effect the failure to disclose had on the trial. We therefore vacate the…