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STATE v. DEAN

M3-701; CA A39097.

733 P.2d 105 (1987)

84 Or.App. 108

STATE of Oregon, Respondent, v. Robert DEAN, Appellant.

Court of Appeals of Oregon.

Decided February 25, 1987.

Attorney(s) appearing for the Case

Carl William Hopp, Jr., Bend, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., Philip Schradle, Asst. Atty. Gen., and Jeff Ellis, Certified Law Clerk, Salem, filed the brief for respondent.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Defendant appeals his conviction for driving under the influence of intoxicants. Former ORS 487.540.1 He was stopped on suspicion of DUII while he was steering and braking a vehicle that was being towed by another vehicle on a public highway. He argues that he was not in actual physical control of the vehicle being towed and, therefore, that he was not driving.

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