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STATE v. ADAMS

95C21374; CA A91144.

936 P.2d 1011 (1997)

147 Or. App. 545

STATE of Oregon, Appellant, v. Richard A. ADAMS, Respondent.

Court of Appeals of Oregon.

Decided April 16, 1997.

Attorney(s) appearing for the Case

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

Robert J. Gunn, Salem, argued the cause and filed the brief for respondent.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

PER CURIAM.

The state appeals from a pretrial order suppressing the results of defendant's field sobriety tests. ORS 138.060(3). We reverse and remand for proceedings not inconsistent with our opinion in State v. Spicer, 147 Or.App. 418, 936 P.2d 1005 (decided this date).

On remand, we instruct the court to exclude any reference to defendant counting, and to admit evidence that...

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