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STATE v. GEFRE

Z127859; CA A82910.

903 P.2d 386 (1995)

137 Or. App. 77

STATE of Oregon, Respondent, v. Curtis J. GEFRE, Appellant.

Court of Appeals of Oregon.

Decided September 27, 1995.

Attorney(s) appearing for the Case

John Henry Hingson, III, Oregon City, argued the cause and filed the brief for appellant.

Kaye E. Sunderland, Assistant Attorney General, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LANDAU, Judge.

Defendant appeals his conviction for driving under the influence of intoxicants, ORS 813.010, assigning error to the trial court's denial of his motion to exclude evidence of his refusal to perform field sobriety tests and his refusal to submit to a breath test. We affirm.

We view the facts in the light most favorable to the state. State v. Brown, 310 Or. 347, 350, 800 P.2d 259

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