State v. Babcock

358 Submitted July 6, affirmed August 9, 2023 STATE OF OREGON, Plaintiff-Respondent, v. RALPH EDWARD BABCOCK, Defendant-Appellant. Deschutes County Circuit Court 19CR01071; A176785

535 P3d 345

Defendant was convicted of driving under the influence of intoxicants, ORS 813.010(4). On appeal, he argues that the trial court erred in failing to intervene sua sponte to strike improper statements by the prosecutor during rebuttal clos- ing argument. Defendant did not object to the challenged statements at trial, so he requests plain-error review. Held: It was not beyond dispute that the prose- cutor’s…