STATE v. HERNDON

90D105418; CA A69370.

841 P.2d 667 (1992)

116 Or. App. 457

STATE of Oregon, Respondent, v. James Datson HERNDON, Appellant.

Court of Appeals of Oregon.

Decided November 18, 1992.


Attorney(s) appearing for the Case

Jon F. Strock, Gladstone, argued the cause and filed the brief for appellant.

Douglas F. Zier, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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


RIGGS, Judge.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). ORS 813.010. He assigns as error the trial court's denial of his motions to suppress the results of field sobriety and breath tests. He argues that the field sobriety tests were administered in violation of statutory procedures and that he was denied adequate assistance of counsel before deciding to submit to a breath test. We affirm.

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