STATE v. GARZA


537 P.2d 114 (1975)

STATE of Oregon, Respondent, v. Gumaro GARZA, Jr., Appellant.

Court of Appeals of Oregon.

Decided June 23, 1975.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Lee Johnson, Atty. Gen. and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.


FOLEY, Judge.

Defendant, convicted of burglary in the first degree, appeals, asserting that the circuit court erred in denying his motion to suppress evidence seized as the result of a warrant search of defendant's father's home (hereafter the Garza residence).

The warrant was issued pursuant to an affidavit sworn to by an Ontario police detective. Defendant first contends the facts stated in the affidavit do not represent probable cause to believe stolen...

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