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STATE v. SCOTT

CR1-0222-34; CA A71298.

854 P.2d 991 (1993)

121 Or. App. 308

STATE of Oregon, Respondent, v. Delcie Marie SCOTT, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted May 5, 1993.

Decided June 23, 1993.

Attorney(s) appearing for the Case

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

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Resubmitted In Banc May 5, 1993.

EDMONDS, Judge.

Defendant appeals her conviction for driving under the influence of intoxicants, ORS 813.010, arguing that the trial court erred in admitting evidence of a field sobriety test without a proper foundation. We affirm.

In March, 1991, Officer Beatty contacted defendant in a supermarket parking lot after receiving a report from a gas station attendant. The report indicated that when defendant stopped at...

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