Citation Codes Equivalent Citations citation codes Docket Number B345525; CA A95589 Attorney(S) Garrett A. Richardson filed the brief for appellant. Hardy Myers, Attorney General, Virginia L. Linder, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General, filed the brief for respondent. See more information ... Smart Summary Please sign up to generate summary. STATE OF OREGON, Respondent, v. CHARLES STANLEY WAPNIARSKI, Appellant. PER CURIAM Reversed. PER CURIAM Defendant appeals his conviction of driving while under the influence of intoxicants. ORS 813.110. He assigns error to the court's failure to sustain his objection to expert testimony from a drug recognition expert as lacking in foundation. He also assigns error to the court's failure to grant his motion for judgment of acquittal. The state concedes that defendant's objection to the testimony should have been sustained and that without it, the evidence was insufficient to convict. We accept the concession. Reversed.