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CITY OF LAKE OSWEGO v. MYLANDER

No. 85-202; CA A36290; SC S32578.

721 P.2d 433 (1986)

301 Or. 178

CITY OF LAKE OSWEGO, Petitioner on Review, v. Gregory Roy MYLANDER, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided June 3, 1986.

Attorney(s) appearing for the Case

Sandra N. Duffy, Lake Oswego, argued, for petitioner on review. On the petition was James M. Coleman, City Atty., Lake Oswego.

William Uhle, Portland, argued, for respondent on review.

LENT, Justice.

Does the Court of Appeals have jurisdiction of the plaintiff's appeal from a circuit court order allowing defendant's motion to suppress evidence, where the plaintiff commenced prosecution in municipal court for violation of the state statute (former ORS 487.540),1 which prohibits driving a vehicle while under the influence of intoxicants? We hold there is jurisdiction.

A police officer arrested defendant and charged...

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