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STATE v. BINNER

C93-06-34171; CA A81953.

886 P.2d 1056 (1994)

131 Or. App. 677

STATE of Oregon, Appellant, v. Howard David BINNER, Respondent.

Court of Appeals of Oregon.

Decided December 14, 1994.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Asst. Atty. Gen., argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Philip M. Lebenbaum, Portland, argued the cause for respondent. With him on the brief was Hollander, Lebenbaum & Gannicott.

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

EDMONDS, Judge.

In this criminal case, the state appeals from a pre-trial order suppressing evidence of the results of drug tests performed on samples of defendant's blood. We affirm.

Defendant was charged with manslaughter in the second degree, ORS 163.125, and with failure to perform the duties of a driver. ORS 811.705. The state alleges that on June 23, 1993, defendant struck and killed a woman with the truck he was driving. The police officer called to...

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