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STATE v. PETTERSEN

MI083223; A146379.

300 P.3d 277 (2013)

256 Or. App. 385

STATE of Oregon, Plaintiff-Respondent, v. Kyle Nels PETTERSEN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 24, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Alice Newlin-Cushing , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Leigh A. Salmon , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and BREWER, Judge pro tempore.

SERCOMBE, J.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010. He assigns error to the trial court's denial of his motion to suppress evidence obtained after a police officer — having initially stopped defendant for a traffic violation with probable cause — continued his investigation of that violation notwithstanding the appearance of new information, which, defendant asserts, vitiated probable...

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