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STATE v. FRANK

No. J81-2521; CA A24899.

658 P.2d 580 (1983)

61 Or.App. 741

STATE of Oregon, Appellant, v. Gordon H. FRANK, Respondent.

Court of Appeals of Oregon.

Decided February 23, 1983.

Reconsideration Denied April 1, 1983.

Attorney(s) appearing for the Case

Thomas H. Denney, 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.

Darryl E. Johnson, Roseburg, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

PER CURIAM.

The state appeals that part of an order which suppressed evidence seized from certain buildings on defendant's property. The letter opinion of the court, in response to defendant's motions to controvert the affidavit and suppress the evidence seized, provided in part:

"I * * * agree with the State's contentions on the matter of probable cause for a warrant to search the green house — so to that extent, Defendant's motion to suppress the...

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