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STATE v. SNYDER

(D9801146T; CA A111712; SC S50672).

97 P.3d 1181 (2004)

337 Or. 410

STATE of Oregon, Petitioner on Review, v. Marshall Lovejoy SNYDER, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided September 23, 2004.

Attorney(s) appearing for the Case

Daniel J. Casey, Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. With him on the opening and reply briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General. With them on the supplemental reply brief was Robert M. Atkinson, Assistant Attorney General.

Ernest G. Lannet, Deputy Public Defender, Salem, argued the cause for respondent on review. With him on the briefs were Peter A. Ozanne, Executive Director, Office of Public Defense Services, and Peter Gartlan, Chief Defender.

BALMER, J.

This case presents two issues for review. The first is whether the state may petition this court for review of a decision of the Court of Appeals when the state obtained the disposition that it sought in that court, but challenges one of the court's holdings. The second issue, which arises only if the state prevails on the first, is whether, during defendant's trial for driving under the influence of intoxicants (DUII), the trial court erred in admitting...

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