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STATE v. STCLAIR

D091992T; A144084.

261 P.3d 94 (2011)

245 Or. App. 159

STATE of Oregon, Plaintiff-Appellant, v. Steven F. STCLAIR, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 17, 2011.

Attorney(s) appearing for the Case

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Joanna L. Jenkins , Assistant Attorney General, for petition.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and NAKAMOTO, Judge.

PER CURIAM.

The state petitions for reconsideration of our disposition in State v. Stclair, 241 Or.App. 572, 250 P.3d 464 (2011), which we affirmed without opinion. We grant the state's petition and, on reconsideration, withdraw our former disposition and reverse and remand.

Defendant was charged with driving under the influence of intoxicants, ORS 813.010(1), and reckless driving...

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