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STATE v. SPENCER

85-60405; CA A38156.

728 P.2d 566 (1986)

82 Or.App. 358

STATE of Oregon, Appellant-Cross-Respondent, v. Ronald Ervan SPENCER, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided November 12, 1986.

Reconsideration Denied January 16, 1987.

Review Allowed February 3, 1987.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for appellant — cross-respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Edmund J. Spinney, Eugene, argued the cause and filed the brief for respondent — cross-appellant.

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

ROSSMAN, Judge.

The state appeals from a pretrial order suppressing evidence in a DUII case, and defendant cross-appeals.

The state seeks reversal of the trial court's ruling that a "Permit for Chemical Analysis of a Person's Breath," issued on September 24, 1980, to the police officer who conducted an Intoxilyzer breath test on defendant following his arrest for DUII, was inadmissible. The trial court ruled that the document, a certified copy of the original...

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