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STATE v. FOSTER

No. 80-1314-C; CA 19369.

635 P.2d 11 (1981)

54 Or.App. 405

STATE of Oregon, Appellant, v. Steven Edward FOSTER, Respondent.

Court of Appeals of Oregon.

Decided October 26, 1981.

Attorney(s) appearing for the Case

Rudolph S. Westerband, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen. and William F. Gary, Deputy Sol. Gen., Salem.

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

WARDEN, Judge.

Defendant was charged with driving while suspended. ORS 487.560. Prior to trial, defendant moved to suppress an order of license revocation issued by the Motor Vehicles Division. After an omnibus hearing, the court ordered the revocation order suppressed. The state appeals the court's ruling pursuant to ORS 138.060(3).1

In March, 1978, defendant's driver's license was revoked for having used his vehicle in the commission...

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