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STATE v. HARVEY

No. C 80-10-33823; CA A20028.

632 P.2d 487 (1981)

53 Or.App. 478

STATE of Oregon, Appellant, v. Daniel HARVEY, Jr., Respondent.

Court of Appeals of Oregon.

Decided August 10, 1981.

Reconsideration Denied October 2, 1981.

Attorney(s) appearing for the Case

Rudolph S. Westerband, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Gregory Kafoury, Portland, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., WARDEN, J., and JOSEPH, C.J.

BUTTLER, Presiding Judge.

Prior to his trial for unlawful possession of a controlled substance, ORS 475.992, defendant moved to suppress evidence seized after a search of a residence pursuant to a warrant. The trial court granted the motion and, upon being advised by the state that it was then unable to proceed, dismissed the information. The state appeals under ORS 138.060(3). We reverse and remand for trial.

The affidavit, after setting forth the bases for...

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