Court of Appeals of Oregon, 1987

State v. Latter

State v. Latter
Court of Appeals of Oregon · Decided February 25, 1987 · Deits, Newman, Richardson
84 Or. App. 136; 732 P.2d 960; 1987 Ore. App. LEXIS 3007

State v. Latter

Opinion of the Court

PER CURIAM

Defendant appeals his conviction for driving under the influence of intoxicants and assigns as error the trial court’s admission of testimony regarding the results of a horizontal gaze nystagmus test. Because this case is not materially distinguishable from State v. Reed, 83 Or App 451, 732 P2d 66 (1987), we conclude that the trial court erred in admitting the testimony.

Reversed and remanded for a new trial.

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