State v. Divito

*674EDMONDS, J.

Defendant is charged with driving while under the influence of intoxicants (DUII) under ORS 813.010. The state appeals a pretrial ruling that excluded testimony by a state witness, as a sanction for a purported discovery violation. We reverse and remand.

This prosecution arose out of an automobile accident. Defendant’s theory of the case is that she was not the driver of the car that was involved in the accident. On the morning of trial, the prosecutor told the court in a pretrial hearing that, in preparing for trial the night before, she had discovered new evidence in the case. She…