STATE v. MENCHACA

No. CRH870709; CA A48465.

766 P.2d 395 (1988)

94 Or.App. 407

STATE of Oregon, Appellant, v. Rene MENCHACA, Respondent.

Court of Appeals of Oregon.

Decided December 14, 1988.


Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

No appearance for respondent.

Before WARDEN, P.J., and GRABER and RIGGS, JJ.


GRABER, Judge.

The state appeals from a pretrial order suppressing Intoxilyzer test results. ORS 138.071(1). The trial court held that "OAR 257-30-020[(1)(c)](H) was violated in that the cardboard printout card was not retained as evidence nor presented into evidence; only onion skin copies were available and submitted." The state argues that the test results are admissible, because the "onion skin copies" included the signed original, there can be no genuine dispute...

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