State v. Waldrup

387 Argued and submitted May 25, affirmed August 9, 2023 STATE OF OREGON, Plaintiff-Respondent, v. GARY LEE WALDRUP, Defendant-Appellant. Malheur County Circuit Court 17CR06187; A176798

536 P3d 20

Defendant was convicted by a jury of driving under the influence of intoxi- cants, ORS 813.011. Defendant appeals his conviction, contending that the trial court committed plain error when it instructed the jury that it could consider whether defendant was in such a physical condition that he was more susceptible to the influence of intoxicants, i.e., the Miles instruction. Held: The trial court did…