State v. Bilsborrow

Portland police officers found defendant asleep and drunk behind the wheel of his parked car. A jury convicted him of driving under the influence of intoxicants (DUII). ORS 813.010. On appeal, he argues, first, that the trial court erred in denying his motion for a judgment of acquittal (MJOA) because there was no evidence that he had operated the car while intoxicated; and second, that the court abused its discretion by denying his motion for a mistrial after the prosecutor, in closing argument, misstated the law by telling the jury that, if a car’s engine is running, “that’s movement” for…