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STATE v. PARSHALL

No. 10-79-07199; CA 15670.

615 P.2d 402 (1980)

47 Or.App. 807

STATE of Oregon, Respondent, v. David Rand PARSHALL, Appellant.

Court of Appeals of Oregon.

Decided August 18, 1980.

Attorney(s) appearing for the Case

Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

PER CURIAM.

The state concedes that a condition of defendant's probation, viz., that he submit to chemical analysis of his breath, blood or urine upon the request of any law enforcement officer, physician or other person licensed to analyze human blood, breath or urine, is overbroad. See State v. McGivney, 36 Or.App. 885, 585 P.2d 767 (1978). The case is remanded to the trial court...

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