STATE v. CORRA

86-CR-0260-JC; CA A42471.

745 P.2d 786 (1987)

88 Or.App. 339

STATE of Oregon, Appellant, v. Brian Duane CORRA, Respondent.

Court of Appeals of Oregon.

Decided November 18, 1987.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Thomas J. Crabtree, Bend, argued the cause for respondent. With him on the brief was Crabtree & Rahmsdorff, Bend.

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


WARDEN, Presiding Judge.

The state appeals from a trial court order suppressing evidence in this prosecution for manufacture of a controlled substance. ORS 138.060(3). We reverse.

Defendant lives in a duplex in Bend. A six-foot high solid wood fence separates his backyard from that of his neighbor to the rear. Acting on an anonymous tip that defendant was growing marijuana, Officer Sawyer received permission to enter...

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