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STATE v. GARNER

D064137T; A136585.

228 P.3d 710 (2010)

234 Or. App. 486

STATE of Oregon, Plaintiff-Appellant, v. Charles Robert GARNER, Defendant-Respondent.

Court of Appeals of Oregon.

Decided March 31, 2010.

Attorney(s) appearing for the Case

Susan G. Howe, Senior Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

William Uhle, Portland, argued the cause and filed the brief for respondent.

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

LANDAU, P.J.

The state appeals the trial court's dismissal of a complaint charging defendant with driving under the influence of intoxicants (DUII) on the ground of prosecutorial misconduct sufficient to constitute double jeopardy. We reverse and remand.

The relevant facts are not in dispute. Defendant was stopped while driving, based on a police officer's belief that he was under the influence of alcohol. The officer called for back up. Officer Julifs arrived...

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