Opinion · Court of Appeals of Oregon

State v. Latter

State v. Latter, 84 Or. App. 136 (Or. Ct. App. 1987)

Type: Opinion
Court: Court of Appeals of Oregon
Jurisdiction: Oregon
Date: 1987-02-25
Topic: general

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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Cited by: 1 opinion

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.