State v. Burnett

550 Submitted July 16, 2020, affirmed September 15, 2021 STATE OF OREGON, Plaintiff-Respondent, v. DAVID PAUL BURNETT, Defendant-Appellant. Clackamas County Circuit Court 18CR49111; A169643

497 P3d 1252

Defendant appeals a judgment of conviction for driving under the influence of intoxicants, ORS 813.010(5). He argues that the trial court erred by not sua sponte excluding evidence of a breath test, providing a nonunanimous jury instruction, and submitting the case to the jury without a concurrence instruction or the state’s election of a factual basis for the conviction. Held: Defendant’s…