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STATE v. FLEMING

Nos. 28577, 28580; CA A23974, CA A23975.

665 P.2d 1235 (1983)

STATE of Oregon, Respondent, v. James Craig FLEMING, Appellant. State of Oregon, Respondent, v. James Craig Fleming, Appellant.

Court of Appeals of Oregon.

Decided June 22, 1983.

Attorney(s) appearing for the Case

Thomas H. Denney, 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.

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

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

NEWMAN, Judge.

Defendant appeals two convictions for burglary in the first degree.1 He assigns error to the denial in consolidated proceedings of his motion to suppress evidence obtained from the search of his automobile and statements that he made to the police following his arrest. We reverse and remand for new trials.

The burglary of the Harrington residence on Cascade Drive in Bend was discovered just after 9 p.m. on November...

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