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STATE v. MOYLETT

D890539M; CA A60930.

789 P.2d 677 (1990)

101 Or.App. 86

STATE of Oregon, Appellant, v. Lawrence William MOYLETT, Respondent.

Court of Appeals of Oregon.

Decided March 28, 1990.

Reconsideration Denied June 6, 1990.

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.

William Uhle, Portland, argued the cause and filed the brief, for respondent.

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

GRABER, Presiding Judge.

Defendant is charged with driving under the influence of intoxicants, ORS 813.010, assault in the fourth degree, ORS 163.160, and criminal mischief in the second degree, ORS 164.354, after an accident in which he was involved. At the investigating officer's request, hospital personnel drew three samples of defendant's blood, the first before the officer obtained a search warrant and the second and third after he had done so. The trial court...

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