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STATE v. BARLETTA

MI-01-2472; A117831

71 P.3d 166 (2003)

188 Or. App. 113

STATE of Oregon, Respondent, v. Jeanne Marie BARLETTA, Appellant.

Court of Appeals of Oregon.

Decided June 12, 2003.

Attorney(s) appearing for the Case

Thomas A. Hill argued the cause for appellant. With him on the briefs were Lawrence M. Gorman, Bend, and Bruce J. Brothers & Associates, Portland.

Michael J. Slauson, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

EDMONDS, P.J.

Defendant appeals her conviction for Driving Under the Influence of Intoxicants (DUII), ORS 813.010, assigning error to the trial court's denial of her motion to suppress the results of her breath alcohol test. We reverse and remand.

The facts come entirely from the testimony of the arresting officer and are essentially undisputed. On September 23, 2001, Deputy Kervas arrested defendant for DUII and brought her to the Deschutes County Jail. At...

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