STATE v. FITZPATRICK

10-84-08872; CA A37558.

726 P.2d 950 (1986)

81 Or. App. 592

STATE of Oregon, Respondent, v. Clarence Russell FITZPATRICK, Appellant.

Court of Appeals of Oregon.

Decided October 15, 1986.


Attorney(s) appearing for the Case

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

Douglas F. Zier, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

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


VAN HOOMISSEN, Judge.

Defendant appeals his conviction for theft in the first degree. ORS 164.055. He contends that the trial court erred in failing to suppress evidence seized during the execution of a search warrant. We affirm.

Defendant was charged with theft after a search for and discovery of stolen property in his home, surrounding lot and outbuildings. Following the search, he waived his Miranda rights and made a statement to the police. He moved...

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