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STATE v. PERKINS

05CR1108; A130361.

188 P.3d 482 (2008)

221 Or. App. 136

STATE of Oregon, Plaintiff-Respondent, v. Larry Daniel PERKINS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 9, 2008.

Attorney(s) appearing for the Case

Daniel J. Casey filed the brief for appellant.

Larry Daniel Perkins filed the supplemental brief pro se.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Paul L. Smith, Assistant Attorney-in-Charge, Criminal Appeals, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

HASELTON, P.J.

Defendant appeals from his conviction, following a jury trial, of driving under the influence of intoxicants (DUII), ORS 813.010(1)(b). He assigns error to, inter alia, the denial of his motion to suppress a thermos-like coffee cup, containing an alcoholic beverage, that was found between the driver and passenger seats during a post-impoundment inventory of his truck. The state acknowledges that, in light of State v. Eldridge, ...

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