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STATE v. SWAN

130242160; A154526.

366 P.3d 802 (2016)

276 Or. App. 192

STATE of Oregon, Plaintiff-Respondent, v. Andrew A. SWAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 27, 2016.

Attorney(s) appearing for the Case

Kali Montague , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Doug M. Petrina , Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Joanna L. Jenkins , Assistant Attorney General.

Before ARMSTRONG, Presiding Judge, and EGAN, Judge, and NAKAMOTO, Judge pro tempore.

This criminal appeal concerns the partial denial of defendant's motion to suppress evidence. Defendant was convicted of driving under the influence of intoxicants (DUII), ORS 813.010 (Count 1), and reckless driving, ORS 811.140 (Count 2). Before trial, the court determined that a law enforcement officer impermissibly interrogated...

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