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STATE v. ORNELLAS

097199; A144501.

261 P.3d 97 (2011)

245 Or. App. 487

STATE of Oregon, Plaintiff-Appellant, v. Benjamin Ryan ORNELLAS, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 8, 2011.

Attorney(s) appearing for the Case

Joanna L. Jenkins, Assistant Attorney General, argued the cause for appellant. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Ryan T. O'Connor, Senior Deputy Public Defender, argued the cause for respondent. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and SERCOMBE, Judge.

PER CURIAM.

In this prosecution for driving under the influence of intoxicants, ORS 813.010, the state appeals a pretrial order granting defendant's motion to suppress the results of his breath test, ORS 138.060(1)(c).1 A recitation of the facts would not benefit the bench, the bar, or the public. The trial court's ruling was predicated on our decision in State v. Machuca, 231 Or.App. 232, ...

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