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STATE v. WARNER

990544488; A108124

47 P.3d 497 (2002)

181 Or. App. 622

STATE of Oregon, Appellant, v. Scott Alan WARNER, Respondent.

Court of Appeals of Oregon.

Decided May 29, 2002.

Attorney(s) appearing for the Case

Laura S. Anderson, Assistant Attorney General, argued the cause for appellant. With her on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Irene B. Taylor, Deputy Public Defender, argued the cause for respondent. With her on the brief was David E. Groom, Acting Executive Director.

Before LANDAU, Presiding Judge, and BREWER, Judge, and OSBORNE, Judge pro tempore.

BREWER, J.

The state assigns error to two pretrial orders suppressing evidence against defendant, who was charged with driving under the influence of intoxicants (DUII). ORS 813.010. Defendant cross-assigns error to the trial court's denial of his motion to suppress the results of a horizontal gaze nystagmus (HGN) test administered to him while he was in the hospital. We review the trial court's legal conclusions for errors of law, State v. Komas,

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