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STATE v. WISCHNOFSKE

TM92-0141; CA A76385.

878 P.2d 1130 (1994)

129 Or. App. 231

STATE of Oregon, Appellant—Cross-Respondent, v. Larry Dean WISCHNOFSKE, Respondent—Cross-Appellant.

Court of Appeals of Oregon.

Decided July 27, 1994.

Attorney(s) appearing for the Case

Kaye E. Sunderland, Asst. Atty. Gen., argued the cause for appellant—cross-respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Ronald L. Marek, Corvallis, argued the cause and filed the briefs, for respondent—cross-appellant.

Before DEITS, P.J., and EDMONDS and RIGGS, JJ.

DEITS, Presiding Judge.

The state appeals the trial court's order suppressing portions of a tape recording of statements defendant made while alone in the back seat of a patrol car following his arrest. Defendant cross-appeals the trial court's denial of his motion to suppress evidence of his performance on field sobriety tests. We reverse on the appeal and affirm on the cross-appeal.

On September 29, 1991, while investigating a two-car accident, Officer Eastham...

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