Court of Appeals of Oregon December 22, 1980, No. T79-10-0339, CA 17956 (State v. Howard)

GILLETTE, P. J.,

Defendant appeals his conviction for the traffic crime of driving under the influence of intoxicants (DUII), raising only the question of whether he was denied the effective assistance of counsel because, after the state’s case in chief, his attorney failed to move for a directed verdict of acquittal on the ground that the state had failed to prove a material element of the crime.