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STATE v. DORSEY

No. CR82-9; CA A24272.

648 P.2d 1304 (1982)

58 Or.App. 521

STATE of Oregon, Respondent, v. Terry Edward DORSEY, Appellant.

Court of Appeals of Oregon.

Decided August 4, 1982.

Reconsideration Denied September 16, 1982.

Attorney(s) appearing for the Case

William M. Horner, Monmouth, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

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

ROSSMAN, Judge.

Defendant appeals his conviction for the traffic crime of driving under the influence of intoxicants. ORS 487.540(1)(a). He argues that the trial court erred in denying his motion to suppress the results of an Intoxilyzer test. He contends that the Intoxilyzer does not perform a "chemical analysis" or "chemical test" of the breath within the meaning of ORS 487.540(1)(a).1 This question was raised but not decided in State...

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