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STATE v. LESHER

057233; A134470.

196 P.3d 120 (2008)

223 Or. App. 720

STATE of Oregon, Plaintiff-Respondent, v. Kevin Robert LESHER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 12, 2008.

Attorney(s) appearing for the Case

Travis S. Eiva, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Denis M. Vannier argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Anna M. Joyce, Assistant Attorney General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and CARSON, Senior Judge.

ARMSTRONG, J.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII), ORS 813.010, assigning error to the trial court's denial of his motion to suppress evidence of his performance of field sobriety tests. In light of State v. Miller, 345 Or. 176, 191 P.3d 651 (2008), we affirm.

Defendant argues that the evidence should have been suppressed under Article...

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