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STATE v. STEPHENS

No. C 78-07-11349; CA 14286.

614 P.2d 1180 (1980)

47 Or.App. 305

STATE of Oregon, Respondent, v. James Tyrone STEPHENS, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted July 17, 1980.

Decided July 21, 1980.

Attorney(s) appearing for the Case

Herbert C. Sundby, Portland, argued the cause and filed the briefs for appellant.

J. Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Resubmitted in banc July 17, 1980.

GILLETTE, Justice.

Defendant, who was on probation for the offense of assault in the second degree, appeals the trial court's revocation of that probation. Defendant maintains that the evidence which served as the basis for the revocation and which was obtained during a search of defendant's house by his probation officer was obtained as the result of an unlawful search and seizure. We agree, and reverse.

The Judgment...

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