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STATE v. GARZA

T104939; CA A61786.

801 P.2d 860 (1990)

104 Or.App. 350

STATE of Oregon, Respondent, v. Raul GARZA, Appellant.

Court of Appeals of Oregon, In Banc.

Decided November 21, 1990.

Resubmitted October 10, 1990.

Attorney(s) appearing for the Case

Henry M. Silberblatt, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Acting Public Defender, Salem.

Wendy J. Paris, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Resubmitted In Banc October 10, 1990.

ROSSMAN, Judge.

Defendant appeals his conviction for providing false information to a police officer for a citation. ORS 162.385. We affirm.

Defendant was a passenger in a car that was lawfully stopped by an officer for erratic driving and suspicion of an open container violation. While one officer spoke with the driver, Officer Shroder approached the passenger side of the car. He saw two unopened cans of beer...

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