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STATE v. PORTER

No. M020459; CA A20855.

637 P.2d 1332 (1981)

55 Or.App. 319

STATE of Oregon, Respondent, v. Milton PORTER, Jr., Appellant.

Court of Appeals of Oregon.

Decided December 30, 1981.

Attorney(s) appearing for the Case

David L. Slader, Portland, argued the cause and filed the brief for appellant.

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Stephen F. Peifer, Asst. Atty. Gen., Salem.

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

ROBERTS, Judge.

Defendant was convicted of driving under the influence of an intoxicant. ORS 487.540. He waived a jury trial. Before trial he made a motion to suppress the results of his breathalyzer test. The court admitted the results of the test into evidence at the hearing on the motion to suppress, over the objections of defense counsel. The court then ruled that the results of the test were admissible at trial. Defendant assigns as error the admission of the...

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