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MERCER v. STATE

No. 591; CA A26415.

664 P.2d 429 (1983)

63 Or.App. 437

Donald James MERCER, Respondent, v. STATE of Oregon, Appellant.

Court of Appeals of Oregon.

Decided June 8, 1983.

Attorney(s) appearing for the Case

Robert E. Barton, 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.

Frank L. DeSimone, Medford, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

The state appeals from a pretrial order granting petitioner's "motion for return or restoration of things seized." ORS 133.633.1 We reverse and remand.

The items that the trial court ordered returned to petitioner included 11 marijuana plants, cultivation equipment, assorted "pot" paraphernalia (pipes, roach clips and the like) and related objects. Petitioner claims that these items were unlawfully seized, because...

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