STATE v. ZINSLI

95-7159; CA A97060.

966 P.2d 1200 (1998)

156 Or. App. 245

STATE of Oregon, Appellant, v. Mark Steven ZINSLI, Respondent.

Court of Appeals of Oregon.

Decided September 30, 1998.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. On the brief were Hardy Myers, Attorney General, Virginia L. Linder, Solicitor General, and Pilar C. French, Assistant Attorney General.

Hari Nam S. Khalsa, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

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


De MUNIZ, Presiding Judge.

In this driving while under the influence of intoxicants (DUII) case, the state appeals from a pretrial order of dismissal. ORS 138.060(1). Defendant's motion to dismiss the case was based on the state's loss of a videotape of defendant's performance of field sobriety tests (FSTs), which defendant claimed was both material and favorable to his defense. We reverse and remand.

The facts are taken from the arresting officer's testimony...

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