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STATE v. REYES

T94-08-3644; CA A89319.

924 P.2d 866 (1996)

143 Or. App. 594

STATE of Oregon, Respondent, v. Rosa B. REYES, Appellant.

Court of Appeals of Oregon.

Decided October 2, 1996.

Attorney(s) appearing for the Case

Andy Simrin, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Rolf C. Moan, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

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

RIGGS, Presiding Judge.

Defendant appeals from a judgment of conviction for driving under the influence of intoxicants (DUII). ORS 813.010. Defendant assigns error to the trial court's failure to exclude evidence regarding a Horizontal Gaze Nystagmus (HGN) test and an Intoxilyzer breath test that were administered eight months before the arrest that gave rise to this appeal. We reverse.

This appeal arises from defendant's arrest for DUII on August 8, 1994...

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