State v. Donathan

Defendant appeals a judgment of conviction for felony driving under the influence of intoxicants (DUII), ORS 813.010(5), raising five assignments of error. We write to address only defendant’s first and second assignments, which, in essence, challenge the denial of his motion for a judgment of acquittal on the DUII charge.1 We reject the other three assignments of error without written discussion. Defendant contends in his first and second assignments that the trial court erred in construing the term “convicted” in the felony DUII statute, ORS 813.010(5),2 and thereby erred in denying his…