Opinion
99C-41789; A109562
Submitted on record and briefs December 7, 2001.
Filed: February 13, 2002
Appeal from Circuit Court, Marion County. Richard D. Barber, Judge.
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.
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 P.3d 478 (2001).
Reversed and remanded.