State v. Conway

*432RICHARDSON, P. J.

Defendant petitions for review of our decision affirming his conviction for driving under the influence of intoxicants. State v. Conway, 71 Or App 355, 691 P2d 928 (1985). We treat the petition as one for reconsideration. ORAP 10.10. We grant reconsideration as to the second assignment of error and affirm.

The second assignment of error concerns an instruction given by the court. Defendant was observed by a police officer driving a vehicle on a parking lot open to the public at approximately 2:10 a.m. The officer concluded that defendant was under the influence of intoxicants…