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STATE v. GUERRICAGOITIA

87D-100232; CA A43995.

747 P.2d 386 (1987)

89 Or.App. 163

STATE of Oregon, Appellant, v. James Joseph GUERRICAGOITIA, Respondent.

Court of Appeals of Oregon.

Decided December 30, 1987.

Reconsideration Denied February 12, 1988.

Review Denied March 15, 1988.

Attorney(s) appearing for the Case

Margaret E. Rabin, Asst. Atty. Gen., Salem, argued the cause for appellant. On the brief, were Dave Frohnmayer, Atty. Gen., Virginia L. Linder Sol. Gen., and Stephen F. Peifer, Asst. Atty. Gen., Salem.

Susan M. Garrett, Salem, argued the cause and filed brief, for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

On January 4, 1987, at 8:15 p.m., Trooper Wolfe saw defendant's car parked on the shoulder of a highway with its lights on.1 He passed the car again at 8:45 p.m. and, thinking that defendant's car might be disabled, pulled up behind and got out of his car. As he walked toward defendant's car, he noticed that the engine was running. When he reached the driver's side window, he saw...

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