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STATE v. KELLY

A167836.

469 P.3d 851 (2020)

305 Or. App. 493

STATE of Oregon, Plaintiff-Respondent, v. Christopher Kenneth KELLY, Defendant-Appellant.

Court of Appeals of Oregon.

July 15, 2020.

Attorney(s) appearing for the Case

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

Philip Thoennes , Assistant Attorney General, argued the cause for respondent. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge.

Defendant appeals from a judgment of conviction, following a conditional plea, for driving under the influence of intoxicants (DUII), ORS 813.010, and reckless driving, ORS 811.140. He challenges the trial court's denial of his motion to suppress evidence obtained from a warrantless, unconsented blood draw, contending that no exigency...

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