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STATE v. MACHUCA

(CC 050647097; CA A133362; SC S057910).

227 P.3d 729 (2010)

347 Or. 644

STATE of Oregon, Petitioner on Review, v. Thomas Gregory MACHUCA, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided February 11, 2010.

Attorney(s) appearing for the Case

John R. Kroger, Attorney General, Salem, argued the cause for respondent on review. With him on the briefs were Joanna L. Jenkins, Assistant Attorney General, and Jerome Lidz, Solicitor General.

Peter Gartlan, Chief Defender, Office of Public Defense Services, Salem, argued the cause and filed the briefs for respondent on review.

Kevin L. Mannix, Sarah Hunt Vasche, Ross A. Day, and Tara Lawrence, Kevin L. Mannix, P.C., Salem, filed a brief on behalf of amici curiae Oregon Anti-Crime Alliance and Crime Victims United of Oregon.

Kevin M. Sali, Hoffman Angeli LLP, Portland, and John Henry Hingson III, John Henry Hingson III P.C., Oregon City, filed a brief on behalf of amici curiae ACLU Foundation of Oregon, Inc.

DE MUNIZ, C.J.

The state seeks review of a Court of Appeals decision that reversed and remanded defendant's DUII conviction. The Court of Appeals concluded that the trial court had erroneously admitted test results of defendant's blood alcohol content. The court reasoned that (1) defendant's consent to have his blood drawn and tested had been unlawfully coerced because he had been read the legal consequences for refusing to consent to those procedures as required...

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