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STATE v. CRUZ

90-1680-M; CA A74354.

855 P.2d 191 (1993)

121 Or. App. 241

STATE of Oregon, Appellant, v. Craig Allen CRUZ, Respondent.

Court of Appeals of Oregon.

Decided June 23, 1993.

Attorney(s) appearing for the Case

Jas. Adams, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Charles S. Crookham, Atty. Gen. and Virginia L. Linder, Sol. Gen.

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

Before ROSSMAN, P.J., and DeMUNIZ and LEESON, JJ.

ROSSMAN, Presiding Judge.

The state appeals from a pretrial order suppressing evidence that defendant was driving while under the influence of intoxicants (DUII). ORS 813.010. We reverse.

The single issue in this case is whether defendant was "driving" a motor vehicle, as required by ORS 813.010. The record discloses that, while riding in the passenger seat of a car, defendant grabbed the steering wheel and caused the car to jerk back and forth. Defendant...

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