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STATE v. GERTTULA

No. H19756; CA 13425.

598 P.2d 1257 (1979)

41 Or.App. 675

STATE of Oregon, Respondent, v. Richard L. GERTTULA, Appellant.

Court of Appeals of Oregon.

Decided August 27, 1979.

Attorney(s) appearing for the Case

Steven D. Gerttula, Astoria, argued the cause for appellant. With him on the brief was Anderson, Fulton, Lavis & Van Thiel, Astoria.

Jan P. Londahl, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and TANZER and ROBERTS, JJ.

TANZER, Judge.

Defendant appeals his conviction for driving under the influence of intoxicants, ORS 487.100. He assigns as error the denial of his motion for judgment of acquittal based on the absence of evidence that the arresting deputy sheriffs were in uniform. Defendant asserts that such proof is necessary pursuant to ORS 487.105, which provides:

"Any police officer attempting to enforce the traffic laws of this state shall be in uniform or shall conspicuously...

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