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STATE v. PEPPARD

(951127; CA A93616)

18 P.3d 488 (2001)

172 Or. App. 311

STATE of Oregon, Appellant, v. John H. PEPPARD, Respondent.

Court of Appeals of Oregon.

Decided February 7, 2001.

Attorney(s) appearing for the Case

Robert M. Atkinson, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Rebecca Duncan, Beaverton, argued the cause for respondent. On the brief were David Groom, Public Defender, and Andrew S. Chilton, Deputy Public Defender.

Before LANDAU, Presiding Judge, and WOLLHEIM and BREWER, Judges.

LANDAU, P.J.

The state appeals a pretrial order suppressing evidence obtained during a traffic stop. We reverse and remand.

The trial court found the following facts, which are not in dispute:

"[O]n September 2, 1994, at about 12:25 p.m., Deputy Bergin stopped the defendant for speeding, 65 in a 55, on Highway 26 near milepost 28 in Clatsop County. The deputy ran a records check on the defendant and learned that he was suspended. He then turned off...

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