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STATE v. MENDOZA

061052426; A135738.

228 P.3d 635 (2010)

234 Or. App. 366

STATE of Oregon, Plaintiff-Respondent, v. John Christopher MENDOZA, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 24, 2010.

Attorney(s) appearing for the Case

Erik Blumenthal, Deputy Public Defender, argued the cause for appellant. With him on the briefs was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Matthew J. Lysne, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Sally L. Avera, Senior Assistant Attorney General. On the supplemental brief were John R. Kroger, Attorney General, and Erika L. Hadlock, Acting Solicitor General.

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

BREWER, C.J.

Defendant, who was convicted of driving under the influence of intoxicants based on a conditional guilty plea, ORS 135.335(3), argues on appeal that the trial court erred in denying his motion to suppress evidence of the results of a breath test. For the reasons explained below, we affirm.

The pertinent facts are not in dispute. Deputy Cordes arrested defendant for DUII, gave him Miranda warnings, and took him to the police station. Defendant...

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