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STATE v. FUGATE

96-0660-C; CA A96628.

963 P.2d 686 (1998)

154 Or. App. 643

STATE of Oregon, Appellant, v. Steven Glen FUGATE, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted May 6, 1998.

Decided June 24, 1998.

Attorney(s) appearing for the Case

Kaye E. Sunderland, Assistant Attorney General, argued the cause for Appellant. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Anne Morrison, Deputy Public Defender, argued the cause for Respondent. With her on the brief was Sally L. Avera, Public Defender.

Resubmitted In Banc May 6, 1998.

LANDAU, Judge.

Defendant was charged with driving while under the influence of intoxicants (DUII). ORS 813.010. The trial court granted defendant's pretrial motion to suppress evidence of alcohol-related impairment, and the state appeals. The state contends that Senate Bill 936 (S.B. 936), although enacted by the 1997 Legislative Assembly after the trial court's decision in this case, applies to this case and compels reversal...

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