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STATE v. BARBER

00C42159; A111533

41 P.3d 455 (2002)

179 Or. App. 674

STATE of Oregon, Appellant, v. Daryl BARBER, Respondent.

Court of Appeals of Oregon.

Decided February 27, 2002.

Attorney(s) appearing for the Case

Katherine H. Waldo, Assistant Attorney General, argued the cause for appellant.

With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

No appearance for respondent.

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

LANDAU, P.J.

The state appeals a pretrial order granting defendant's motion to suppress statements made following a waiver of Miranda rights on the ground that defendant failed "intelligently" to waive those rights. We reverse and remand.

The following facts are not in dispute. Marion County Sheriff's Deputy Nicoloff received a report from a 14-year-old girl that she and defendant, her 19-year-old boyfriend, had engaged in sexual intercourse. Nicoloff...

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