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STATE v. WHITMAN

94-551; CA A88642.

927 P.2d 132 (1996)

144 Or. App. 385

STATE of Oregon, Appellant, v. Donald Ray WHITMAN, Respondent.

Court of Appeals of Oregon.

Decided November 13, 1996.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Louis R. Miles, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before DEITS, P.J., and De MUNIZ and LEESON, JJ.

DEITS, Presiding Judge.

The state appeals the trial court's granting of defendant's motion to suppress all evidence obtained as a result of an allegedly unlawful stop. Defendant was charged with one count of felony driving while suspended, ORS 811.182, and one count of driving under the influence of intoxicants, ORS 813.010. We reverse and remand.

Officer Draze was driving his patrol car in downtown Baker City on August 20, 1994. At about 3:00 a.m., he saw...

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