FILED: February 13, 2002

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

DAVID ARTHUR STEPHENS,

Appellant.

99C-41789; A109562

Appeal from Circuit Court, Marion County.

Richard D. Barber, Judge.

Submitted on record and briefs December 7, 2001.

Rebecca Duncan, Deputy Public Defender, filed the brief for appellant.

Rolf C. Moan, Assistant Attorney General, filed the brief for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds.

Before Edmonds, Presiding Judge, and Armstrong and Kistler, Judges.

PER CURIAM

Reversed and remanded.

PER CURIAM

Defendant appeals his conviction for DUII, arguing that evidence of a urine test was inadmissible because the test did not conform to the applicable protocol. See ORS 813.131(4) (1997). The state confesses error, and we agree. State v. Chipman, 176 Or App 284, 31 P3d 478 (2001).

Reversed and remanded.


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