A133362 State v. Machuca

Case Date: 09/30/2009
Docket No: 050647097A133362


FILED: September 30, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

THOMAS GREGORY MACHUCA,

Defendant-Appellant.

Multnomah County Circuit Court
050647097
A133362

En Banc

Nely L. Johnson, Judge.

Submitted on June 27, 2008; resubmitted en banc August 12, 2009.

Peter Gartlan, Chief Defender, Legal Services Division, and Travis Eiva, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Rolf C. Moan, Assistant Attorney General, filed the brief for respondent.

Before Brewer, Chief Judge, and Edmonds, Landau, Haselton, Armstrong, Schuman, Ortega, Rosenblum, and Sercombe, Judges, and Riggs, Senior Judge.

SERCOMBE, J.

Reversed and remanded.

Haselton, J., dissenting.

SERCOMBE, J.

After a conditional guilty plea, defendant was convicted of driving under the influence of intoxicants (DUII).