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STATE v. GATTENBY

A167048.

455 P.3d 582 (2019)

301 Or. App. 229

STATE of Oregon, Plaintiff-Respondent, v. Everett Jeremy GATTENBY, Defendant-Appellant.

Court of Appeals of Oregon.

December 11, 2019.

Attorney(s) appearing for the Case

Anna Belais, Deputy Public Defender, argued the cause for appellant. Also on the brief was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Paul L. Smith, Deputy Solicitor General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Ortega, Presiding Judge, and Shorr, Judge, and James, Judge.

Defendant appeals from a judgment of conviction for driving under the influence of intoxicants, ORS 813.010, and refusal to take a test for intoxicants, ORS 813.095. Defendant assigns error to the trial court's denial of his pretrial motion to suppress evidence resulting from a traffic stop. We conclude that the court's ruling was erroneous...

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