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STATE v. STEPHENS

99C-41789; A109562.

40 P.3d 551 (2002)

179 Or. App. 544

STATE of Oregon, Respondent, v. David Arthur STEPHENS, Appellant.

Court of Appeals of Oregon.

Decided February 13, 2002.

Attorney(s) appearing for the Case

Rebecca Duncan, Deputy Public Defender, filed the brief for appellant.

Rolf C. Moan, Assistant Attorney General, filed the brief for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

PER CURIAM.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII), arguing that evidence of a urine test was inadmissible because the test did not conform to the applicable protocol. See ORS 813.131(4) (1997). The state confesses error, and we agree. State v. Chipman, 176 Or.App. 284, 31 P.3d 478 (2001).

Reversed...

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