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STATE v. LUTTRELL

C-818; CA A37945.

723 P.2d 1071 (1986)

80 Or. App. 771

STATE of Oregon, Respondent, v. Richard Irwin LUTTRELL, Appellant.

Court of Appeals of Oregon.

Decided August 20, 1986.

Attorney(s) appearing for the Case

Robert A. Lucas, and Lucas & Associates, St. Helens, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Terry Ann Leggert, Asst. Atty. Gen., Salem, filed the brief for respondent.

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

ROSSMAN, Judge.

Defendant appeals from a conviction for DUII under former ORS 487.540 (now ORS 813.010), contending that the trial court erred in denying his motion to suppress evidence of a blood test and in not granting his petition for diversion under former ORS 484.450.

Defendant was involved in a single-car accident at approximately 6:25 p.m. on September 14, 1984. He was taken to Emanuel Hospital in Portland, where a blood sample was withdrawn...

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