State v. Wise

Defendant was convicted by a jury for manslaughter in the second degree (ORS 163.125) and assault in the third degree (ORS 163.165). He contends that the trial court erred by (1) overruling his objection to certain testimony sought to be elicited from him on recross-examination, (2) refusing to give his requested jury instruction on the statutory presumption about the blood-alcohol level to establish intoxication and (3) sentencing him to pay costs without a finding that he was presently able to make payments.

Defendant was the driver of a car involved in a four-car collision which resulted in…