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STATE v. WILSON

09C40480; A142749.

263 P.3d 1107 (2011)

245 Or. App. 365

STATE of Oregon, Plaintiff-Respondent, v. Derek Richard WILSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 8, 2011.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Jedediah Peterson , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Douglas F. Zier , Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

HASELTON, P.J.

Defendant appeals a judgment of conviction, following a stipulated facts trial, for driving under the influence of intoxicants (DUII), ORS 813.010. On appeal, defendant contends that the trial court erred in denying his motion to suppress because the officer lacked probable cause to stop defendant and that the trial court "exceeded its statutory authority when it imposed a [DUII conviction] fee in excess of $130" under ORS 813.030 (2009).

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