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STATE v. MOORE

091131; A145081.

269 P.3d 72 (2011)

247 Or. App. 39

STATE of Oregon, Plaintiff-Appellant, v. Jesse James MOORE, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 14, 2011.

Attorney(s) appearing for the Case

Timothy A. Sylwester , Senior Assistant Attorney General, argued the cause for appellant. With him on the brief were John R. Kroger, Attorney General, and Mary H. Williams , Solicitor General.

Marc D. Brown , 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 DUNCAN, Judge.

HASELTON, P.J.

The state appeals an order suppressing evidence resulting from the warrantless testing of defendant's blood and urine. ORS 138.060(1)(c). The trial court, consistently with the reasoning in our decision in State v. Machuca, 231 Or.App. 232, 218 P.3d 145 (2009) (Machuca I), rev'd on other grounds, 347 Or. 644, 227...

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