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STATE v. GUAYANTE

No. 10-81-11037; CA A24593.

663 P.2d 784 (1983)

63 Or.App. 212

STATE of Oregon, Respondent, v. Joseph Arthur GUAYANTE, Appellant.

Court of Appeals of Oregon.

Decided May 11, 1983.

Reconsideration Denied July 22, 1983.

Attorney(s) appearing for the Case

Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Robert E. Barton, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

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

NEWMAN, Judge.

Defendant was convicted of robbery in the first degree. ORS 164.395.1 He argues that the trial court erred in denying his motion to suppress and in refusing to admit certain evidence which he offered at the suppression hearing. We reverse.

Whitsell, an acquaintance of defendant, contacted the Springfield police in the early morning of December 4, 1981, and reported that defendant had assaulted and robbed Wolfe, an...

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