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STATE v. BAYER

060342557; A134518.

211 P.3d 327 (2009)

229 Or. App. 267

STATE of Oregon, Plaintiff-Respondent, v. Jason Michael West BAYER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 1, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Erica Herb, Deputy Public Defender, Legal Services Division, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Sally L. Avera, Senior Assistant Attorney General, filed the brief for respondent.

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

LANDAU, P.J.

Defendant was convicted of driving under the influence of a controlled substance (DUII-CS), ORS 813.010.1 On appeal, he assigns error to the trial court's denial of his motion to suppress an incriminating statement made in what he contends were compelling circumstances before he received Miranda warnings. He also challenges the court's failure to dismiss the charges against...

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