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STATE v. BAKER

No. 10-81-06297; CA A24327.

662 P.2d 365 (1983)

STATE of Oregon, Respondent, v. Michael Alan BAKER, Appellant.

Court of Appeals of Oregon.

Argued and Submitted February 8, 1983.

Reconsideration Denied June 10, 1983.

Attorney(s) appearing for the Case

John Daugirda, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Kay Kiner James, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Richard D. Wasserman, Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

NEWMAN, Judge.

Defendant was indicted for burglary of a dwelling. ORS 164.225. He moved to suppress statements made to officer Bishop on May 2, 1981, and officer Antoine on June 26, 1981. The trial court ruled that the statements to Bishop were admissible but that the statements to Antoine must be suppressed. The state appealed under ORS 135.080(3), and defendant cross-appealed. ORS 138.040. Subsequently the state moved to dismiss its appeal. We granted the state...

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