STATE v. McCLELLAN

A113478, 000850318

74 P.3d 1167 (2003)

189 Or. App. 230

STATE of Oregon, Respondent, v. Jason M. McCLELLAN, Appellant.

Court of Appeals of Oregon.

Decided August 13, 2003.


Attorney(s) appearing for the Case

Patrick M. Ebbett argued the cause for appellant. With him on the brief was Chilton & Ebbett, LLC.

Janet A. Klapstein, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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


KISTLER, J.

Defendant appeals from a judgment of conviction for driving under the influence of intoxicants. On appeal, he argues that the trial court erred in denying his motion to suppress. The state concedes that, on the record before it, the trial court erred in denying the motion. It argues, however, that it did not have fair notice that defendant was challenging the validity of his stop (as opposed to his companion's stop) and should be permitted to introduce...

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