State Gannotskiy
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FILED: August 17, 2011 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Appellant Cross-Respondent, v. YURIY PETROVICH GANNOTSKIY, Defendant-Respondent Cross-Appellant. Multnomah County Circuit Court 071255736 A144840 Angel Lopez, Judge. Submitted on July 14, 2011. John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Joanna L. Jenkins, Assistant Attorney General, filed the brief for appellant - cross-respondent. No appearance for respondent - cross-appellant. Before Ortega, Presiding Judge, and Nakamoto, Judge, and Rosenblum, Senior Judge. PER CURIAM Reversed and remanded on appeal; affirmed on cross-appeal. 1 PER CURIAM 2 The state seeks reversal of the trial court's pretrial order granting 3 defendant's motion to suppress evidence obtained from a blood draw administered after 4 defendant's arrest.1 In granting the motion to suppress, the trial court explicitly relied on 5 this court's opinion in State v. Machuca, 231 Or App 232, 218 P3d 145 (2009), rev'd, 347 6 Or 644, 227 P3d 729 (2010) (Machuca I). In explaining its conclusion, the trial court 7 stated that, but for Machuca I, its ruling "would have been to the contrary[.]" After the 8 trial court granted defendant's motion to suppress, the Supreme Court decided State v. 9 Machuca, 347 Or 644, 227 P3d 729 (2010) (Machuca II), in which it reversed our 10 decision in Machuca I. Based on Machuca II, the trial court erred in granting the motion 11 to suppress. Reversed and remanded on appeal; affirmed on cross-appeal. 12 1 Defendant filed a notice of cross-appeal, but did not otherwise appear. 1
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