State v. Parshall

615 P.2d 402, 47 Or. App. 807, 1980 Ore. App. LEXIS 3587
Court of Appeals of Oregon·Decided August 18, 1980·No. No. 10-79-07199, CA 15670·Published

Opinion

PER CURIAM

The 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.

Remanded for resentencing.

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State v. Parshall, 615 P.2d 402, 47 Or. App. 807, 1980 Ore. App. LEXIS 3587 (Or. Ct. App. 1980).

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Related

State v. McGivney
585 P.2d 767 (Court of Appeals of Oregon, 1978)