STATE v. SMITH

No. CC80-290; CA 19272.

629 P.2d 420 (1981)

52 Or.App. 681

STATE of Oregon, Respondent, v. Peter Brentz SMITH, Appellant.

Court of Appeals of Oregon.

Decided June 8, 1981.


Attorney(s) appearing for the Case

D. Richard Hammersley, Portland, argued the cause for appellant. With him on the brief was Brad L. Johnson, Portland.

Rudolph S. Westerband, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were David B. Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

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


ROBERTS, Judge.

Defendant appeals his conviction for possession of a controlled substance, assigning as error, first, the court's denial of defendant's motion to suppress evidence, and, second, the court's consideration, in imposing sentence, of defendant's decision to stand trial rather than enter a plea.

As to the suppression issue we have considered only the facts presented at the suppression hearing. Without detailing those facts here, we conclude defendant...

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