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STATE v. ELKINS

CRO-0303EP & CRO-0744EP; CA A65793.

815 P.2d 719 (1991)

108 Or.App. 564

STATE of Oregon, Respondent, v. Walter R. ELKINS, Appellant.

Court of Appeals of Oregon.

Decided August 28, 1991.

Attorney(s) appearing for the Case

Mary M. Reese, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender, Salem.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Brenda J. Peterson, Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., and JOSEPH, C.J., and DEITS, J.

PER CURIAM.

Defendant appeals his convictions of two separate charges of driving while under the influence of intoxicants. The court placed him on probation; one condition was that he "submit to breath and blood tests." Defendant contends that that condition does not comply with ORS 137.540(2)(k), because it does not require that the tests be administered only on the request of a probation officer having reasonable grounds to believe that the tests would disclose...

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