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State v. Robert Stephen Bunch

Oregon Court of Appeals
Sep 9, 1987
87 Or. App. 386 (Or. Ct. App. 1987)

Opinion

55l88S; CA A41731

Submitted on record and briefs June 16, 1987.

Affirmed September 9, 1987.

Appeal from the District Court, Clackamas County, Raymond Bagley, Judge.

Wm. Bruce Shepley, Metropolitan Public Defender, Oregon City, filed the brief for appellant.

Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and John A. Reuling, Jr., Assistant Attorney General, Salem, filed the brief for respondent.

Before Buttler, Presiding Judge, and Warren and Rossman, Judges.


PER CURIAM

Affirmed.


In this DUII case, defendant contends that he should have been permitted to assert as a defense that he was involuntarily intoxicated. In State v. Maguire, 78 Or. App. 459, 717 P.2d 226 (1986), we held that driving under the influence of intoxicants, former ORS 487.540, is a strict liability crime and does not require a culpable mental state. On review, the Supreme Court, by an equally divided court, affirmed without opinion. 303 Or. 368, 736 P.2d 193 (1987).

The present statute, ORS 813.010, applicable to this case, does not differ from the former statute in any respect material to this case.

We affirm, relying on our reasoning in State v. Maguire, supra.

Affirmed.


Summaries of

State v. Robert Stephen Bunch

Oregon Court of Appeals
Sep 9, 1987
87 Or. App. 386 (Or. Ct. App. 1987)
Case details for

State v. Robert Stephen Bunch

Case Details

Full title:STATE OF OREGON, Respondent, v. ROBERT STEPHEN BUNCH, Appellant

Court:Oregon Court of Appeals

Date published: Sep 9, 1987

Citations

87 Or. App. 386 (Or. Ct. App. 1987)
742 P.2d 74

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