STATE v. McMURPHY

No. C 79-02-30644; CA 15503.

616 P.2d 1203 (1980)

48 Or.App. 327

STATE of Oregon, Respondent, v. Larry Byron McMURPHY, Appellant.

Court of Appeals of Oregon.

Decided September 22, 1980.


Attorney(s) appearing for the Case

William Y. Sugahiro, Milwaukie, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James M. Brown, Atty. Gen., Walter L. Barrie, Sol. Gen., and Robert C. Cannon, Asst. Atty. Gen., Salem.

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


ROBERTS, Judge.

Defendant seeks reversal of his convictions for possession of a controlled substance (ORS 475.992), delivery of a controlled substance (ORS 475.992) and ex-convict in possession of a firearm (ORS 166.270). Defendant contends that the trial court erred in denying his motion to suppress evidence seized from the residence where he was arrested. We agree and reverse and remand.

On the evening of February 24, 1979, an undercover narcotics officer...

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