State v. Basham

498 Argued and submitted July 31, 2018; conviction on Count 2 reversed and remanded, otherwise affirmed December 18, 2019 STATE OF OREGON, Plaintiff-Respondent, v. MATTHEW COREY BASHAM, Defendant-Appellant. Yamhill County Circuit Court 14CR10143; A162939

456 P3d 658

Defendant appeals from a judgment of conviction for driving under the influ- ence of intoxicants, contending that the trial court erred in providing a Miles jury instruction. Held: The trial court erred. The record contained no evidence tying defendant’s prior injuries and tiredness to an increased susceptibility to the effects of…