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STATE v. ROBERTS

07446; A138580.

251 P.3d 232 (2011)

241 Or. App. 589

STATE of Oregon, Plaintiff-Appellant Cross-Respondent v. Karl Wade ROBERTS, Defendant-Respondent, Cross-Appellant.

Court of Appeals of Oregon.

Decided March 23, 2011.

Attorney(s) appearing for the Case

Jamie K. Contreras, Assistant Attorney General, argued the cause for appellant-cross-respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General. On the reply brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Shawn Evans Wiley, Chief Deputy Public Defender, argued the cause for respondent-cross-appellant. On the brief were Peter Gartlan, Chief Defender, and Carolyn Bys, Deputy Public Defender, Office of Public Defense Services.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

SCHUMAN, P.J.

Defendant in this case was charged with driving under the influence of intoxicants (DUII). Before trial, the court granted defendant's motion to suppress breath test evidence on the ground that the officer who administered the test did not follow required procedures when the testing instrument malfunctioned. However, the court refused to suppress other evidence, including results of field sobriety tests. The state appeals from the trial court's pretrial...

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