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STATE v. JONES

No. CR81-427; CA A21272.

637 P.2d 162 (1981)

55 Or.App. 1

STATE of Oregon, Appellant, v. Jerry Lee JONES, Respondent.

Court of Appeals of Oregon.

Decided December 7, 1981.

Attorney(s) appearing for the Case

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

John E. Sassor, Dallas, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., JOSEPH, Chief Judge, and VAN HOOMISSEN, J.

JOSEPH, Chief Judge.

The state appeals an order suppressing the results of an intoxilyzer test. The issue is whether the police officer who administered the test had a valid operator's permit.

Defendant was arrested for driving under the influence of intoxicants on February 4, 1981. A deputy sheriff administered an intoxilyzer test. At the time, he had an intoxilyzer operator's permit issued in February, 1979, by the State Health Division, pursuant to then...

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