STATE v. ALLEN

070242460; A138081.

228 P.3d 606 (2010)

234 Or. App. 363

STATE of Oregon, Plaintiff-Respondent, v. Greg ALLEN, aka Gregory A. Allen, Sr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 17, 2010.


Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Appellate Division, and Mary M. Reese, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Amanda J. Austin, Assistant Attorney General, filed the brief for respondent.

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


PER CURIAM.

Defendant seeks a reversal of his conviction for driving under the influence of intoxicants, ORS 813.010. Defendant contends that the trial court erroneously admitted test results of defendant's blood alcohol content. The trial court held that the warrantless seizure of defendant's breath sample was constitutional under Article I, section 9, of the Oregon Constitution, because exigent circumstances justified the seizure and, alternatively, because defendant...

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