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STATE v. SPICER

95C-21159; CA A90794.

936 P.2d 1005 (1997)

147 Or. App. 418

STATE of Oregon, Appellant, v. Ronald Emmett SPICER, Respondent.

Court of Appeals of Oregon.

Decided April 16, 1997.

Attorney(s) appearing for the Case

Jonathan H. Fussner, 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.

Daniel Q. O'Dell, 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 HASELTON, JJ.

De MUNIZ, Judge.

The state appeals from a pretrial order suppressing the results of defendant's field sobriety tests. ORS 138.060(3). Relying on State v. Fish, 321 Or. 48, 893 P.2d 1023 (1995), the trial court ruled that all of the tests performed by defendant were "testimonial" under Article I, section 12,1 of the Oregon Constitution. We have since held otherwise...

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