State v. Moody

Defendant appeals from judgments of conviction for assault in the third degree, ORS 163.165, driving under the influence of intoxicants (DUII), ORS 813.010, recklessly endangering another person, ORS 163.195, and reckless driving, ORS 811.140. Defendant raises three assignments of error: (1) the trial court erred in denying his motion for a judgment of acquittal; (2) the trial court erred in denying his motion in limine to exclude evidence of his urinalysis; and (3) the trial court erred in imposing a departure sentence. We vacate defendant’s sentences and remand for resentencing, but…