STATE v. SMITH

No. 82-358; CA A26695.

674 P.2d 1206 (1984)

66 Or.App. 516

STATE of Oregon, Respondent, v. Larry Elmer SMITH, Appellant.

Court of Appeals of Oregon.

Decided January 18, 1984.

Reconsideration Denied February 24, 1984.


Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

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


GILLETTE, Presiding Judge.

Defendant appeals his convictions for exconvict in possession of a firearm, ORS 166.270, and escape in the third degree. ORS 162.145. He contends that the trial court erred in denying his motion to suppress evidence that was seized without a warrant from the vehicle he was driving. We affirm.

On February 21, 1982, Officers Martin and Byrne were patrolling. At approximately 9 p.m., they observed defendant's car pass them at a "high...

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