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STATE v. EUMANA-MORANCHEL

081053188; A142632.

260 P.3d 501 (2011)

243 Or. App. 496

STATE of Oregon, Plaintiff-Appellant, v. Javier EUMANA-MORANCHEL, Defendant-Respondent.

Court of Appeals of Oregon.

Decided June 15, 2011.

Attorney(s) appearing for the Case

Joanna L. Jenkins , Assistant Attorney General, argued the cause for appellant. With her on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Peter Gartlan , Chief Defender, Office of Public Defense Services, argued the cause and filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and ROSENBLUM, Senior Judge.

ORTEGA, P.J.

The state appeals from a pretrial order excluding testimonial evidence concerning the blood alcohol content (BAC) of defendant, who was charged with misdemeanor driving while under the influence of intoxicants. ORS 813.010. For the reasons set forth below, we reverse and remand.

For purposes of the hearing on defendant's motion to exclude, the parties stipulated to the following facts. A police officer observed defendant driving on a public roadway...

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