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STATE v. OWENS

0111-53181; A124156.

139 P.3d 984 (2006)

207 Or. App. 31

STATE of Oregon, Appellant, v. Orrin Taylor OWENS, Respondent.

Court of Appeals of Oregon.

Decided July 19, 2006.

Attorney(s) appearing for the Case

Rolf C. Moan, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Kenneth E. Kahn II, Portland, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and DEITS, Judge pro tempore.

DEITS, J. pro tempore.

Defendant is charged with driving under the influence of intoxicants (DUII). ORS 813.010(1)(a). The state appeals under ORS 138.060(1)(c), assigning error to the trial court's pretrial order granting defendant's motion to exclude evidence concerning the collection of defendant's blood sample, as well as evidence that a forensic scientist tested the sample and determined that it contained 0.13 percent alcohol. The case comes to us a second time...

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