STATE v. BUTKOVICH

C86-09-34258; CA A42706.

743 P.2d 752 (1987)

87 Or.App. 587

STATE of Oregon, Respondent, v. Daniel Louis BUTKOVICH, Appellant.

Court of Appeals of Oregon.

Decided October 7, 1987.

Reconsideration Denied November 27, 1987.

Review Denied December 22, 1987.


Attorney(s) appearing for the Case

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

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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


WARREN, Judge.

Defendant appeals from his conviction for possession of a controlled substance and assigns as error the trial court's denial of his motion to suppress evidence. We reverse and remand.

At 2:00 a.m. on August 9, 1986, an officer patrolling a business area in Gresham saw a car occupied by two persons parked in the drive-up lane of a closed fast food restaurant. Because he knew of some burglaries in the recent past in that area, he pulled up behind...

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