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216 Or. App. 322

State v. Griffin

Court of Appeals of Oregon

Decided November 28, 2007

Court of Appeals of Oregon · decided 2007-11-28

Applies OR 475 § 475.235

Decided 2007-11-28

PER CURIAM

¶1Defendant appeals his conviction for possession of .a controlled substance, former ORS 475.992 (2003), arguing that the trial court erred in denying his motion to suppress evidence found in a backpack, and further arguing that the court erred in admitting into evidence a laboratory report pursuant to ORS 475.235. We reject without discussion defendant’s arguments concerning the denial of his motion to suppress. Concerning the admission of the lab report into evidence, the state concedes that defendant is entitled to a reversal in light of the holding of State v. Birchfield, 342 Or 624, 157 P3d 216 (2007). We agree and accept the state’s concession.

¶2Reversed and remanded.

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