STATE v. WOLFE

No. C81-02-31165; CA A22248.

657 P.2d 227 (1983)

61 Or.App. 409

STATE of Oregon, Respondent, v. Randy Ray WOLFE, Appellant.

Court of Appeals of Oregon.

Decided January 19, 1983.

Reconsideration Denied March 4, 1983.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and J. Marvin Kuhn, Chief Deputy Public Defender, Salem, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.


YOUNG, Judge.

Defendant appeals his convictions for first degree rape, ORS 163.375, and second degree kidnapping. ORS 163.225. He assigns as errors the trial court's refusal to suppress certain evidence, the denial of his motion for judgment of acquittal and the failure to merge the convictions. We reverse, because the motion to suppress should have been granted.

The evidence adduced at the hearing on the motion to suppress is not in dispute. On February 17...

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