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STATE v. RATLIFF

M-85-1546; CA A38813.

728 P.2d 896 (1986)

82 Or.App. 479

STATE of Oregon, Respondent, v. Donald Michael RATLIFF, Appellant.

Court of Appeals of Oregon.

Argued and Submitted July 21, 1986.

Reconsideration Denied January 16, 1987.

Attorney(s) appearing for the Case

Enver Bozgoz, Klamath Falls, argued the cause and filed the brief for appellant.

David Schuman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

VAN HOOMISSEN, Judge.

Defendant appeals his conviction after a jury trial for driving while under the influence of intoxicants (DUII). ORS 813.100. He contends that the trial court erred in denying his motion to suppress evidence and in refusing to apply the doctrine of collateral estoppel. There are three issues: whether the arresting officer had a reasonable basis to stop defendant's car; if so, whether the state was collaterally estopped from prosecuting him for...

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