STATE v. MITUNIEWICZ

C91-08-58CR, CA A75799.

864 P.2d 1359 (1993)

125 Or. App. 41

STATE of Oregon, Respondent, v. Rodney Steven MITUNIEWICZ, Appellant.

Court of Appeals of Oregon.

Decided December 8, 1993.


Attorney(s) appearing for the Case

Irene B. Taylor, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Thomas H. Denney, Asst. Atty. Gen., argued the cause for respondent. With him on the brief was Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

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


WARREN, Presiding Judge.

Defendant was convicted of possession of a controlled substance, ORS 475.992, and three other felonies. He appeals only his conviction for possession, contending that the trial court erred in denying his motion to suppress evidence. We reverse.

Officer Wayt stopped defendant for speeding on Interstate 5. Wayt smelled a moderate odor of alcohol when defendant rolled down his window. Wayt administered field sobriety tests, but the results...

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