STATE v. TESTA

D96081321; CA A98231.

964 P.2d 274 (1998)

155 Or. App. 52

STATE of Oregon, Appellant, v. Jason Paul TESTA, Respondent.

Court of Appeals of Oregon.

Decided July 15, 1998.


Attorney(s) appearing for the Case

Kaye E. Sunderland, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Robert Thuemmel and Thuemmel & Uhle, Portland, waived appearance for respondent.

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


RIGGS, Presiding Judge.

The state appeals an order dismissing defendant's indictment for reckless driving, ORS 811.140, assigning error to the trial court's holding that the arresting officer lacked probable cause to arrest defendant without a warrant. Because we conclude that the officer had probable cause to arrest defendant, we reverse and remand.

We take the facts from the testimony at the hearing on defendant's motion to dismiss. Defendant did not appear...

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