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STATE v. VILLEGAS-VARELA

92D-102500, 92D-102502, 92D-102503; CA A80526 (Control), CA A80527, CA A80528.

887 P.2d 809 (1994)

132 Or. App. 112

STATE of Oregon, Respondent, v. Margarito VILLEGAS-VARELA, Appellant.

Court of Appeals of Oregon.

Decided December 21, 1994.

Attorney(s) appearing for the Case

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

Timothy A. Sylwester, Asst. Atty. Gen., argued the cause for respondent. On the brief were Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Youlee Yim You, Asst. Atty. Gen.

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

LEESON, Judge.

Defendant appeals his convictions for driving under the influence of intoxicants (DUII), giving false information to a police officer and driving while suspended. ORS 813.010; ORS 807.620; ORS 811.182. He assigns error to the trial court's denial of his motion to suppress evidence. We review for errors of law, ORS 138.220, and reverse.

The facts are not in dispute. Salem police officer Leeder, the sole witness at the suppression hearing, testified...

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