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STATE v. GARDNER

MI070821; A139006.

236 P.3d 742 (2010)

236 Or. App. 150

STATE of Oregon, Plaintiff-Appellant Cross-Respondent, v. Deidra Colleen GARDNER, Defendant-Respondent Cross-Appellant.

Court of Appeals of Oregon.

Decided June 30, 2010.

Attorney(s) appearing for the Case

Patrick M. Ebbett, Assistant Attorney General, argued the cause for appellant-cross-respondent. On the opening brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Sally L. Avera, Senior Assistant Attorney General. On the reply brief were John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Jamie K. Contreras, Assistant Attorney General.

Kristin A. Carveth, Deputy Public Defender, argued the cause for respondent-cross-appellant. With her on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

In this driving under the influence of intoxicants (DUII) case, the trial court suppressed a statement by defendant that she would refuse to take a breath test because, having consumed two glasses of wine, she feared that she would not pass. According to the trial court, defendant's statements were inadmissible because police officers did not give her Miranda warnings. The state appeals. ORS 138.060(1)(c). Defendant cross-appeals, arguing that police...

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