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STATE v. BERGIN

061154790; A136490.

217 P.3d 1087 (2009)

231 Or. App. 36

STATE of Oregon, Plaintiff-Respondent, v. Lucas Chapman BERGIN, Defendant-Appellant.

Court of Appeals of Oregon.

Respondent's Response to Appellant's Petition for Reconsideration July 16, 2009.

Decided September 23, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Daniel C. Bennett, Deputy Public Defender, Office of Public Defense Services, for petition.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Cecil A. Reniche-Smith, Assistant Attorney General, for response.

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

SCHUMAN, P.J.

Defendant petitions for reconsideration of our disposition in State v. Bergin, 229 Or.App. 236, 211 P.3d 984 (2009). In that case, we affirmed without opinion his conviction for driving under the influence of intoxicants (DUII). He argued that the trial court erred in admitting, over his objection, certificates attesting to the accuracy of the Intoxilyzer

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