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STATE v. MARTIN

050751400; A131594.

193 P.3d 993 (2008)

222 Or. App. 138

STATE of Oregon, Plaintiff-Respondent, v. Latoya Monique MARTIN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 3, 2008.

Attorney(s) appearing for the Case

Anne Fujita Munsey, Senior Deputy Public Defender, argued the cause for appellant. On the opening brief was Thomas V. Cupani. On the reply brief were Peter Gartlan, Chief Defender, Legal Services Division, and Anne Fujita Munsey, Senior Deputy Public Defender, Office of Public Defense Services.

Jamie K. Contreras, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Janet A. Metcalf, Assistant Attorney General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

Defendant appeals from a judgment of conviction for driving under the influence of intoxicants (DUII) and reckless driving. She assigns error to the trial court's denial of her motion to suppress evidence derived from a warrantless entry into her home. The trial court concluded that she consented to the entry by opening the door and running into another room; on appeal, she argues that those actions did not amount to consent. The state responds that the...

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