Public-domain · open source
OpenJurist

118 Or. App. 732

State v. Hustead

Court of Appeals of Oregon

Decided March 17, 1993

Court of Appeals of Oregon · decided 1993-03-17

Applies OR 813 § 813.010

Decided 1993-03-17

PER CURIAM

¶1Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010. He contends that the court erred in denying his motion to suppress the results of a blood alcohol test performed at the hospital where he was taken for treatment after an automobile accident. He also challenges a probation condition.

¶2We affirm the conviction without further discussion, but remand for resentencing. The state concedes that the court did not follow ORS 137.540 in ordering defendant to submit to random body substance testing and search of his person, residence, vehicles and property as a condition of probation. We accept that concession.

¶3Conviction affirmed; remanded for resentencing.

/118/orapp/732 · .json · Public domain