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84 Or. App. 136

State v. Latter

Court of Appeals of Oregon

Decided February 25, 1987

Court of Appeals of Oregon · decided 1987-02-25

Decided 1987-02-25

PER CURIAM

¶1Defendant 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.

¶2Reversed and remanded for a new trial.

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