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STATE v. DOLAN

CR95-51184; A100590

45 P.3d 481 (2002)

181 Or. App. 162

STATE of Oregon, Appellant, v. John L. DOLAN, Respondent.

Court of Appeals of Oregon.

Decided May 1, 2002.

Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, Holly A. Vance, Assistant Attorney General, and Cynthia A. Hicks, Assistant Attorney General, for appellant.

David E. Groom, Public Defender, and Diane L. Alessi, Deputy Public Defender, for respondent.

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

LANDAU, P.J.

This case comes to us on remand from the Oregon Supreme Court for reconsideration in light of State v. Fugate, 332 Or. 195, 26 P.3d 802 (2001). On reconsideration, we adhere to our original decision reversing the trial court's order suppressing evidence of defendant's intoxication and remanding for further proceedings.

We take the facts from our prior decision:

...

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