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STATE v. DENNY

(Z404172; CA A97031)

978 P.2d 1014 (1999)

158 Or. App. 616

STATE of Oregon, Appellant, v. Patrick James DENNY, Respondent.

Court of Appeals of Oregon.

Decided February 24, 1999.

Attorney(s) appearing for the Case

Rolf C. Moan, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Kimi Nam, Deputy Public Defender, argued the cause for respondent. With her on the brief was Diane L. Alessi, Interim Public Defender.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

HASELTON, J.

Defendant was charged with driving under the influence of intoxicants (DUII). ORS 813.010. The state appeals a pretrial order suppressing all evidence obtained by a state police officer after he asked defendant to step out of his car. The trial court concluded that the officer's request that defendant step out of his car violated ORS 810.410(3)(b), as construed in State v. Dominguez-Martinez, 321 Or. 206,

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