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State v. Adams

Oregon Court of Appeals
Apr 16, 1997
936 P.2d 1011 (Or. Ct. App. 1997)

Opinion

95C21374; CA A91144

Argued and submitted October 3, 1996.

Reversed and remanded April 16, 1997.

Appeal from the Circuit Court, Marion County, Joseph V. Ochoa, Judge.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Robert J. Gunn argued the cause and filed the brief for respondent.

Before Deits, Presiding Judge, and De Muniz and Haselton, Judges.


PER CURIAM

Reversed and remanded for proceedings not inconsistent with State v. Spicer, 147 Or. App. 418, 936 P.2d 1005 (1997).


The state appeals from a pretrial order suppressing the results of defendant's field sobriety tests. ORS 138.060(3). We reverse and remand for proceedings not inconsistent with our opinion in State v. Spicer, 147 Or. App. 418, 936 P.2d 1005 (1997).

On remand, we instruct the court to exclude any reference to defendant counting, and to admit evidence that defendant used his arms for balance and placed his foot down several times during the one-leg-stand test, and that he stepped off the line, did not walk heel-to-toe and pivoted rather than turned in the walk-and-turn test.

Reversed and remanded for proceedings not inconsistent with State v. Spicer, 147 Or. App. 418, 936 P.2d 1005 (1997).


Summaries of

State v. Adams

Oregon Court of Appeals
Apr 16, 1997
936 P.2d 1011 (Or. Ct. App. 1997)
Case details for

State v. Adams

Case Details

Full title:STATE OF OREGON, Appellant, v. RICHARD A. ADAMS, Respondent

Court:Oregon Court of Appeals

Date published: Apr 16, 1997

Citations

936 P.2d 1011 (Or. Ct. App. 1997)
936 P.2d 1011