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STATE v. GREEN

No. 81-13444; CA A26987.

684 P.2d 575 (1984)

68 Or.App. 518

STATE of Oregon, Appellant, v. Jim Shannon GREEN, Respondent.

Court of Appeals of Oregon.

Decided June 6, 1984.

Review Denied August 21, 1984.

Attorney(s) appearing for the Case

William F. Nessly, Jr., Assistant Attorney General, Salem, argued the cause, for appellant. With him on brief were Dave Frohnmayer, Attorney General, and William F. Gary, Solicitor General, Salem.

Merrill Schneider, Sandy, argued the cause, for respondent. With him on brief was Patrick M. Birmingham, Sandy.

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

GILLETTE, Presiding Judge.

The state appeals a trial court order suppressing evidence of defendant's refusal to take field sobriety tests from use in his trial for driving while under the influence of intoxicants. We dismissed the appeal for failure to serve the trial court clerk within the required period. State v. Green, 66 Or.App. 968, 675 P.2d 1113 (1984). The Supreme Court reversed...

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