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STATE v. GATTENBY

A167048.

455 P.3d 582 (2019)

301 Or. App. 229

STATE of Oregon, Plaintiff-Respondent, v. Everett Jeremy GATTENBY, Defendant-Appellant.

Court of Appeals of Oregon.

December 11, 2019.

Attorney(s) appearing for the Case

Anna Belais , Deputy Public Defender, argued the cause for appellant. Also on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Paul L. Smith , Deputy Solicitor General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Ortega, Presiding Judge, and Shorr, Judge, and James, Judge.

Defendant appeals from a judgment of conviction for driving under the influence of intoxicants, ORS 813.010, and refusal to take a test for intoxicants, ORS 813.095. Defendant assigns error to the trial court's denial of his pretrial motion to suppress evidence resulting from a traffic stop. We conclude that the court's ruling was erroneous...

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