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STATE v. HERNANDEZ

200610922; A134550.

206 P.3d 197 (2009)

227 Or. App. 319

STATE of Oregon, Plaintiff-Appellant, v. Laurice Yvette HERNANDEZ, Defendant-Respondent.

Court of Appeals of Oregon.

Decided April 8, 2009.

Attorney(s) appearing for the Case

Jamie K. Contreras, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Jason D. Castanza, Eugene, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.

BREWER, C.J.

In this prosecution for driving under the influence of intoxicants (DUII) and possession of a controlled substance, the state appeals from a trial court order excluding certain testimony of a police officer who attempted to administer a drug recognition expert (DRE) test to defendant but was unable to complete the twelfth and final step of the test because defendant refused to provide a potentially confirming urine specimen. We review for errors of law...

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