STATE v. ADDISON

P137531; CA A68818.

818 P.2d 1300 (1991)

109 Or.App. 479

STATE of Oregon and City of Gresham, Appellants, v. Marvin James ADDISON, Respondent.

Court of Appeals of Oregon.

Decided October 30, 1991.


Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Jonathan H. Fussner, Asst. Atty. Gen., Salem, filed the brief for appellant.

John Powers, Portland, waived appearance for respondent.

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


Submitted on Record and Appellants' Brief August 27, 1991.

PER CURIAM.

The state appeals a pre-trial order suppressing the result of an Intoxilizer test in this driving under the influence of intoxicants case. ORS 813.010. Defendant has waived appearance on appeal and concedes that, the state having made a prima facie showing that the officer administering the test complied with the administrative rules governing it and defendant having offered no evidence...

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