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STATE v. RHODES

DC 9001-0112C; CA A65539; SC S38108.

843 P.2d 927 (1992)

315 Or. 191

STATE of Oregon, Respondent on Review, v. Rodney Lynn RHODES, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided December 31, 1992.

Attorney(s) appearing for the Case

James L. McGehee, Stayton, argued the cause and filed the petition for petitioner.

With him on the petition were Sharman R. Meiners, and McGehee & Meiners, Stayton.

Ann Kelley, Asst. Atty. Gen., Salem, argued the cause and filed the response for respondent. With her on the response were Dave B. Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

DESIGNATION OF PREVAILING PARTY AND AWARD OF COSTS

GILLETTE, Justice.

In this criminal case, defendant was charged with the crime of driving while under the influence of intoxicants (DUII), ORS 813.010, after a police officer discovered him slumped over in the seat of his pickup, which was parked along a city street with its engine running. The driver's door was slightly open and the interior dome light was on. The officer opened the door further, discovering...

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