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STATE v. CONNER

9311-2280C; CA A83139.

888 P.2d 1087 (1995)

132 Or.App. 478

STATE of Oregon, Appellant, v. Willard Clete CONNER, Respondent.

Court of Appeals of Oregon.

Decided January 25, 1995.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Eric M. Cumfer, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before RICHARDSON, C.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

The state appeals from an order that denied the admission of Horizontal Gaze Nystagmus (HGN) evidence. See ORS 138.060(3). We reverse.

On November 17, 1993, Officer Maddox investigated and cited defendant for driving under the influence of intoxicants. ORS 813.010. During his investigation, he administered the HGN field sobriety test to defendant. See OAR 257-25-020(1)(a). The state moved for a pretrial hearing to determine the...

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