STATE v. OHLING

No. 8209 2048; CA A28859.

688 P.2d 1384 (1984)

70 Or.App. 249

STATE of Oregon, Respondent, v. Kraig Douglas OHLING, Appellant.

Court of Appeals of Oregon.

Reconsideration Denied November 9, 1984.

Review Denied December 4, 1984.


Attorney(s) appearing for the Case

Douglas W. Moore, Albany, argued the cause and filed the brief for appellant.

Robert E. Barton, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.


GILLETTE, Judge.

Defendant appeals his conviction for manufacturing a controlled substance, arising from the discovery of over 30 marijuana plants growing in pots along the side of a deck in the back of his house. He argues that the officers who discovered the plants were without authority to be where they were when they did so and that the discovery was therefore illegal. The trial court denied his motion to suppress, and he was convicted after a stipulated facts...

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