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STATE v. SADLER

CF 86-32; CA A39571.

735 P.2d 1267 (1987)

85 Or.App. 134

STATE of Oregon, Appellant, v. Debra Ann SADLER, Respondent.

Court of Appeals of Oregon.

Decided April 22, 1987.

Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Sally L. Avera, Deputy Public Defender, Salem, argued the cause for respondent. With her on the brief was Gary D. Babcock, Public Defender, Salem.

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

VAN HOOMISSEN, Judge.

Defendant was charged with criminally negligent homicide. ORS 163.145. The state appeals from a pretrial order suppressing her January 16, 1986, statement to a police officer. ORS 138.060(3). The dispositive issue is whether she was in custody on October 24, 1985, when she was first questioned by the police. We conclude that she was not, and we reverse.

On October 24, 1985, defendant was involved in a two-car accident. She was taken to...

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