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STATE v. GEREN

110153CT; A151530.

329 P.3d 785 (2014)

263 Or. App. 716

STATE of Oregon, Plaintiff-Appellant, v. John Michael GEREN, Defendant-Respondent.

Court of Appeals of Oregon.

Decided June 25, 2014.

Attorney(s) appearing for the Case

Joanna L. Jenkins , Senior Assistant Attorney General, argued the cause for appellant. With her on the briefs were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

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

Before SERCOMBE, Presiding Judge, and HADLOCK, Judge, and MOONEY, Judge pro tempore.

SERCOMBE, P.J.

The state appeals an order suppressing evidence resulting from the warrantless testing of defendant's urine. ORS 138.060(1)(c). The trial court, relying on our decisions in State v. Machuca, 231 Or.App. 232, 218 P.3d 145 (2009) (Machuca I ), rev'd on other grounds, 347 Or. 644, 227 P.3d 729 (2010...

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