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STATE v. STEWART

210701879; A135932.

206 P.3d 1104 (2009)

227 Or. App. 632

STATE of Oregon, Plaintiff-Respondent, v. John Joseph STEWART, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 22, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Services Division, and Elizabeth Ann Corbridge, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Robin Rojas McIntyre, Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

PER CURIAM.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants. ORS 813.010. He contends that the trial court erred in admitting the results of an Intoxilyzer 8000 breath test, because the test procedures outlined in OAR 257-030-0130 were not followed. The state concedes that the court erred in admitting the test results over defendant's objection, because one of the pretest requirements...

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