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STATE v. RHODES

9001-0112C; CA A65539.

807 P.2d 322 (1991)

106 Or. App. 312

STATE of Oregon, Appellant, v. Rodney Lynn RHODES, Respondent.

Court of Appeals of Oregon.

Decided March 13, 1991.

Attorney(s) appearing for the Case

Ann Kelley, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

James L. McGehee, Stayton, argued the cause and filed the brief for respondent. With him on the brief was Larimer, McGehee & Meiners, Stayton.

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

WARREN, Presiding Judge.

The state charged defendant with driving under the influence of intoxicants. ORS 813.010. The trial court granted his motion to suppress all evidence obtained after an officer discovered him slumped over in his vehicle. The state appeals, and we reverse.

At 1:55 a.m. on a Sunday, Officer Hughes noticed a vehicle in a parking spot on the street with its dome light on. It was parked at a slight...

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