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STATE v. GANNOTSKIY

071255736; A144840.

261 P.3d 95 (2011)

245 Or. App. 163

STATE of Oregon, Plaintiff-Appellant Cross-Respondent, v. Yuriy Petrovich GANNOTSKIY, Defendant-Respondent Cross-Appellant.

Court of Appeals of Oregon.

Decided August 17, 2011.

Attorney(s) appearing for the Case

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Joanna L. Jenkins , Assistant Attorney General, filed the brief for appellant-cross-respondent.

Waiver of appearance for respondent-cross-appellant.

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

PER CURIAM.

The state seeks reversal of the trial court's pretrial order granting defendant's motion to suppress evidence obtained from a blood draw administered after defendant's arrest.1 In granting the motion to suppress, the trial court explicitly relied on this court's opinion in State v. Machuca, 231 Or.App. 232, 218 P.3d 145 (2009), rev'd,

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