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STATE v. MUELLER

87D 102682; CA A47448.

772 P.2d 433 (1989)

96 Or.App. 185

STATE of Oregon, Appellant, v. Robert Todd MUELLER, Respondent.

Court of Appeals of Oregon.

Argued and Submitted August 15, 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.

J.P. Harris II, Salem, waived appearance for respondent.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Defendant was charged with driving under the influence of intoxicants. ORS 813.010. Just before the start of the trial, the state asked the court for a ruling on the admissibility of certain documents that the state intended to offer as a foundation for admission of the breath test result. The same trial judge had excluded a document of the same type in another trial the week before. The court ruled here that the documents were not properly...

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