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STATE v. CUNEO

Q9402176T; CA A92620.

939 P.2d 84 (1997)

148 Or. App. 71

STATE of Oregon, Appellant, v. Anna Marie CUNEO, Respondent.

Court of Appeals of Oregon.

Decided May 21, 1997.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

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

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

WARREN, Presiding Judge.

In this DUII case, the state appeals a trial court order suppressing the results of defendant's performance of field sobriety tests. Defendant first agreed to take the tests at the officer's request. Before she did take the tests, the officer, following what at the time was standard practice in his department, gave her the statutory warnings provided in ORS 813.135. The trial court held that defendant's original consent was voluntary but that...

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