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STATE v. WILLIAMS

04CR0347; A126263.

138 P.3d 885 (2006)

206 Or. App. 691

STATE of Oregon, Respondent, v. Jody Walter WILLIAMS, Appellant.

Court of Appeals of Oregon.

Decided July 5, 2006.

Attorney(s) appearing for the Case

Brandon G. Williams, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Oregon Public Defense Services.

Douglas F. Zier, 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 WOLLHEIM, Judge, and DEITS, Judge pro tempore.

WOLLHEIM, J.

Defendant was convicted by jury of driving while under the influence of intoxicants, ORS 813.010. On appeal, defendant assigns error to the trial court's denial of his motion to suppress evidence of his refusal to take a breath test, arguing that the state denied him the opportunity to privately consult with an attorney in violation of Article I, section 11, of the Oregon Constitution. We vacate and remand to the trial court for additional findings.<...

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