State v. Scally

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010. He argues that the court erred in admitting testimony, under OEC 803(5), from the arresting police officer. We affirm.

At trial, the officer testified to circumstances surrounding the stop and the arrest of defendant. He had no present recollection of several questions that he had asked or of the answers that defendant had given. However, that information was contained in the police report that the officer had prepared shortly after the arrest. The court allowed him to read the pertinent portion of…