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47 Or. App. 807

State v. Parshall

Court of Appeals of Oregon

Decided August 18, 1980

Court of Appeals of Oregon · decided 1980-08-18

Decided 1980-08-18

PER CURIAM

¶1The state concedes that a condition of. defendant’s probation, viz., that he submit to chemical analysis of his breath, blood or urine upon the request of any law enforcement officer, physician or other person licensed to analyze human blood, breath or urine, is overbroad. See State v. McGivney, 36 Or App 885, 585 P2d 767 (1978). The case is remanded to the trial court for resentencing. In all other respects, the judgment of the trial court is affirmed.

¶2Remanded for resentencing.

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