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STATE v. OCKERSHAUSER

No. S-95-889.

924 P.2d 775 (1996)

STATE of Oklahoma, Appellant, v. Patrick Karl OCKERSHAUSER, Appellee.

Court of Criminal Appeals of Oklahoma.

September 3, 1996.

Attorney(s) appearing for the Case

Joel W. Barr, Norman, for defendant at trial.

Richard Stevens, Assistant District Attorney, Norman, for the State at trial.

Joel W. Barr, Norman, Attorney, amicus curiae on appeal.

Tim D. Kuykendall, District Attorney and Richard Stevens, Assistant District Attorney, Norman, for appellant on appeal.

OPINION

JOHNSON, Presiding Judge:

The State of Oklahoma appeals on a reserved question of law pursuant to 22 O.S. 1991, § 1053 from the order upholding the magistrate's order sustaining Appellee's motion to suppress evidence. Patrick Karl Ockershauser, Appellee, was arrested and charged with Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor, in violation of 47 O.S.1991, § 11-902 (Count I) and Driving Without a Driver...

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