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CITY OF EUGENE v. SILVA

25-02-10169; A120338.

108 P.3d 23 (2005)

198 Or. App. 101

CITY OF EUGENE, Respondent, v. Joe Manuel SILVA, Appellant.

Court of Appeals of Oregon.

Decided March 2, 2005.

Attorney(s) appearing for the Case

Michael J. Buseman argued the cause for appellant. With him on the brief was Douglas J. Dennett, P.C., Eugene.

Craig J. Capon, Eugene, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

ARMSTRONG, J.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). He assigns error to the trial court's denial of his motion to suppress evidence. We reverse and remand with instructions to permit defendant to withdraw his plea.

At about 9:00 p.m. on August 26, 2001, Officers Fellman and Lawnicki of the Eugene Police Department were dispatched separately to investigate a damaged fire hydrant. Officer Fellman was the first...

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