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STATE v. MARTINEZ-ALVAREZ

097093; A144728.

263 P.3d 1091 (2011)

245 Or. App. 369

STATE of Oregon, Plaintiff-Appellant, v. Cesar MARTINEZ-ALVAREZ, aka Cesar Alvarez Martinez, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 8, 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.

David O. Ferry , Deputy Public Defender, argued the cause for respondent. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and SERCOMBE, Judge.

HASELTON, P.J.

In this prosecution for driving under the influence of intoxicants (DUII), ORS 813.010, the state appeals a pretrial order granting, in part, defendant's motion to suppress evidence of the results of his breath test, ORS 138.060(1)(c). The trial court's order suppressing the evidence was predicated on our decision in State v. Machuca, 231 Or.App. 232, 218 P.3d 145 (2009)...

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