FILED: July 15, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

BRIAN KEITH STONE,

Defendant-Appellant.

Jackson County Circuit Court
072420FE
A137540

William G. Purdy, Judge.

Submitted on June 05, 2009.

Peter Gartlan, Chief Defender, Appellate Division, and Meredith Allen, Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Susan G. Howe, Senior Assistant Attorney General, filed the brief for respondent.

Before Edmonds, Presiding Judge, and Wollheim, Judge, and Sercombe, Judge.

PER CURIAM

Reversed and remanded.

PER CURIAM

Defendant was convicted of one count of driving under the influence of intoxicants (DUII), ORS 813.010.