State v. Lambert

BARRON, J. pro tempore

Defendant was convicted of boating under the influence of intoxicants, ORS 830.325, after a trial to the court. He appeals, seeking a reversal of his conviction. He contends that the raft in which he was floating was not a boat within the meaning of the statute and that, even if it was a boat, there was not sufficient evidence to show that he operated it or was in actual physical control of it, as required by the statute. We review defendant’s statutory construction contention for errors of law. State v. Thompson, 328 Or 248, 256, 971 P2d 879, cert den, 527 US 1042…