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STATE v. KRUEGER

(CR6-2708; CA A98801)

12 P.3d 53 (2000)

170 Or. App. 12

STATE of Oregon, Appellant, v. Justin Mendenhall KRUEGER, Respondent.

Court of Appeals of Oregon.

Decided September 27, 2000.

Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Robin A. Jones, Deputy Public Defender, argued the cause for respondent. With her on the brief was David E. Groom, Public Defender.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.

DEITS, C.J.

The state appeals from a pretrial order suppressing evidence in a criminal DUII case under ORS 813.010. The trial court issued the order in response to defendant's motion to suppress. The court based its decision on issue preclusion1 asserted to arise from a circuit court ruling reviewing a Motor Vehicles Division (DMV) administrative hearing on the suspension of defendant's driver license.

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