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STATE v. SIMONS

86-803, 83-806; CA A40942.

738 P.2d 590 (1987)

86 Or.App. 34

STATE of Oregon, Respondent, v. Charles Dale SIMONS, Appellant.

Court of Appeals of Oregon.

Decided June 24, 1987.

Attorney(s) appearing for the Case

Lawrence J. Hall, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Terry Ann Leggert, Asst. Atty. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Defendant was charged with possession of a controlled substance. He entered a plea of not guilty, after which he moved to suppress all evidence obtained as a result of a warrantless search of a tobacco can and of the automobile from which it was seized and in which he was a passenger. His motion was denied1 and, in a jury trial, he was convicted. On appeal, he assigns error to the denial of his motion.

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