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STATE v. JONES

200210573; A132275.

195 P.3d 78 (2008)

223 Or. App. 70

STATE of Oregon, Plaintiff-Appellant, v. Anthony Burke JONES, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 15, 2008.

Attorney(s) appearing for the Case

David D. Thompson, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Marc D. Brown, Deputy Public Defender, argued the cause for respondent. With him on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

LANDAU, P.J.

Defendant was charged in Lane County with felony driving while suspended (FDWS). ORS 811.182(3) (2001).1 He moved to suppress evidence of a prior order of the Department of Transportation, Driver and Motor Vehicle Services Division (DMV), suspending his driving privileges on the ground that the suspension order was unlawful. The trial court granted the motion. The state appealed, arguing that the trial court had, in effect...

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