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STATE v. GONZALEZ

90-1448; CA A69492.

852 P.2d 851 (1993)

120 Or. App. 249

STATE of Oregon, Appellant-Cross-Respondent, v. Ruben Carrillo GONZALEZ, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Resubmitted December 2, 1992.

Decided May 19, 1993.

Reconsideration Denied August 18, 1993.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for appellant-cross-respondent. With him on the opening brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem, and with him on the reply brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Robert E. Thomas, III, Molalla, argued the cause and filed the brief for respondent-cross-appellant.

In Banc

Resubmitted in Banc December 2, 1992.

RICHARDSON, Chief Judge.

Defendant was charged with manslaughter in the second degree, ORS 163.125, driving under the influence of intoxicants, ORS 813.010, and reckless driving. ORS 811.140. The state appeals a pretrial order excluding evidence about defendant's blood alcohol content and his appearance when admitted to a hospital. Defendant cross-appeals from an order denying his motion to exclude the hospital records...

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