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STATE v. TRIPATHI

TM0520598; A130229.

204 P.3d 134 (2009)

226 Or. App. 552

STATE of Oregon, Plaintiff-Appellant, v. Ajai Terrazas TRIPATHI, Defendant-Respondent.

Court of Appeals of Oregon.

Decided March 19, 2009.

Attorney(s) appearing for the Case

Joanna L. Jenkins, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Rebecca A. Duncan, Chief Deputy Public Defender, argued the cause for respondent. With her on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

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

LANDAU, P.J.

In this prosecution for driving while under the influence of intoxicants (DUII), the state appeals a pretrial order excluding the results of a toxicology test that confirmed the presence of controlled substances in defendant's urine. The trial court excluded the evidence on the ground that the state had failed to lay the proper foundation for its admission. The state appeals, arguing that, under ORS 813.131(4), because the urinalysis was conducted in...

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