State v. Stills, 082819 ORCA, A166183

Docket Nº:A166183
Opinion Judge:PER CURIAM
Party Name:STATE OF OREGON, Plaintiff-Respondent, v. FREDERICK PERCY STILLS, Defendant-Appellant.
Attorney:Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Anna Belais, Deputy Public Defender, Offce of Public Defense Services, fled the briefs for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Leigh A. Salmon, Assistant Attorney General, fled t...
Judge Panel:Before Ortega, Presiding Judge, and Powers, Judge, and Sercombe, Senior Judge.
Case Date:August 28, 2019
Court:Court of Appeals of Oregon
 
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299 Or.App. 194

STATE OF OREGON, Plaintiff-Respondent,

v.

FREDERICK PERCY STILLS, Defendant-Appellant.

A166183

Court of Appeals of Oregon

August 28, 2019

Submitted May 29, 2019

Deschutes County Circuit Court 16CR68023; Beth M. Bagley, Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Anna Belais, Deputy Public Defender, Offce of Public Defense Services, fled the briefs for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Leigh A. Salmon, Assistant Attorney General, fled the briefs for respondent.

Before Ortega, Presiding Judge, and Powers, Judge, and Sercombe, Senior Judge.

[299 Or.App. 195] PER CURIAM

Defendant appeals a judgment of conviction for driving under the influence of intoxicants. On appeal, defendant assigns error to the trial court's denial of his motion to suppress his refusal to perform the field sobriety tests (FSTs) and statements made to the officer, making three arguments in support of his assignment: (1) he was subjected to interrogation without first being given Miranda warnings; (2) the officer did not, as required under ORS 813.135 and ORS 813.136, inform him of the consequences of refusing to perform the FSTs; and (3) his refusal was an assertion of his right under Article I, section 9, of the Oregon Constitution to refuse consent to a warrantless search and must be suppressed. We reject defendant's first argument...

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