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STATE v. ROBERTI

TC T79-12-0348, CA 18838; SC 27840.

644 P.2d 1104 (1982)

293 Or. 59

STATE of Oregon, Petitioner On Review, v. Gary Patrick ROBERTI, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided May 4, 1982.

Reargued April 6, 1982.

Attorney(s) appearing for the Case

Virginia L. Linder, Asst. Atty. Gen., Salem, argued and reargued the cause for petitioner on review. With her on the petition were David B. Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem. With her on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Sid Brockley, Oregon City, argued and reargued the cause and filed the brief for respondent on review.

TANZER, Judge.

Defendant appeals his conviction of the crime of driving under the influence of intoxicants. He assigns as error the admission into evidence, over objection, of a statement he made in response to police questioning after the officer had pulled over his car. The case was tried to the court and the judge relied upon defendant's statements in coming to its finding of guilt. The Court of Appeals reversed,

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