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STATE v. LICHTENBERGER

CA 17445; SC 27357.

635 P.2d 375 (1981)

291 Or. 890

STATE of Oregon, Petitioner, v. Larry Robert LICHTENBERGER, Respondent.

Supreme Court of Oregon, In Banc.

Decided November 3, 1981.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., for the petition.

With him on the petition were William F. Gary, Deputy Sol. Gen., John R. McCulloch, Jr., Sol. Gen., and James M. Brown, Atty. Gen., Salem.

MEMORANDUM OPINION.

Upon the authority of State v. Scharf, 288 Or. 451, 605 P.2d 690 (1980), the trial court allowed defendant's motion to suppress intoxilyzer evidence because defendant's request to be allowed to consult with a lawyer before submitting to the intoxilyzer test had been denied. Upon the State's appeal, the Court of Appeals, ...

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