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STATE v. GILBERTZ

(D9805833T; CA A106430)

20 P.3d 252 (2001)

173 Or. App. 90

STATE of Oregon, Respondent, v. Edward J. GILBERTZ, Appellant.

Court of Appeals of Oregon.

Decided March 14, 2001.

Attorney(s) appearing for the Case

John Henry Hingson III, Oregon City, argued the cause and filed the brief for appellant.

Jennifer Scott Lloyd, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

WOLLHEIM, J.

Defendant appeals his conviction, after a stipulated facts trial, of driving under the influence of intoxicants (DUII). ORS 813.010. Defendant argues that the trial court erred when it inferred that the police officer who stopped defendant held a subjective belief that defendant was driving under the influence. We affirm.

In November 1998, Officer Hart saw defendant driving east on Pacific Avenue in Forest Grove at 3:44 a.m. After noticing defendant...

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