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STATE v. ROMERO

No. 80-18724; CA A23048.

649 P.2d 596 (1982)

STATE of Oregon, Appellant, v. Donna Carmen ROMERO, Respondent.

Court of Appeals of Oregon.

Decided August 18, 1982.

Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Robert E. Barton, Asst. Atty. Gen., Salem, filed the brief for appellant.

Douglas J. Dennett, and Wiswall, Svoboda, Thorp & Dennett, P.C., Springfield, waived appearance for respondent.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

Submitted on Record and Appellant's Brief March 15, 1982.

RICHARDSON, Presiding Judge.

Defendant was charged with driving under the influence of intoxicants. ORS 487.540. Her pretrial motion to suppress the results of a chemical breath test was granted, and the state appeals. Defendant made no appearance in this appeal. We reverse.

The facts of the case are not in dispute. Defendant was stopped by an Oregon State Police officer at approximately 11...

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