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STATE v. MELENDY

No. 26604; CA 17503.

619 P.2d 952 (1980)

49 Or.App. 441

STATE of Oregon, Respondent, v. Michael Dennis MELENDY, Appellant.

Court of Appeals of Oregon.

Decided November 24, 1980.

Attorney(s) appearing for the Case

Mary Linda Pearson, Monmouth, argued the cause and filed the brief for appellant.

John Snyder, Polk County Dist. Atty., argued the cause and filed the brief for respondent.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

CAMPBELL, Judge.

Defendant appeals from his conviction of the crime of possession of a controlled substance, ORS 475.992. He assigns as error the trial court's denial of his motion to suppress evidence gathered during a search of his residence. We reverse.

A search warrant was issued based on the following affidavit:

"I, JACK MINYARD, being first duly sworn on oath depose and say: "That I am a deputy sheriff for Polk County, Oregon.

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