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STATE v. FIELDS

90-CR-3349-MI; CA A72547.

857 P.2d 179 (1993)

122 Or. App. 38

STATE of Oregon, Respondent, v. Samuel Clark FIELDS, Jr., Appellant.

Court of Appeals of Oregon.

Decided July 28, 1993.

Attorney(s) appearing for the Case

James N. Varner, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Ann M. Feusse, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Janet A. Metcalf, Asst. Atty. Gen., Salem.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.

ROSSMAN, Presiding Judge.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII), ORS 813.010, assigning error to the trial court's denial of his motion to suppress. We affirm.

The facts are undisputed. At approximately 8 p.m., on October 29, 1990, Officer Johnson pulled behind a car that was parked on the side of a public road. He noticed two men standing next to the car and defendant lying underneath it, apparently attempting...

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