STATE v. CROOK

C86-08-33826; CA A47137.

762 P.2d 1062 (1988)

93 Or.App. 509

STATE of Oregon, Respondent, v. Roger Michael CROOK, Appellant.

Court of Appeals of Oregon.

Decided October 19, 1988.


Attorney(s) appearing for the Case

Sally L. Avera, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief were Gary D. Babcock, Public Defender, Salem.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., DEITS, and RIGGS, J. Pro Tem.


RIGGS, Judge Pro Tem.

Defendant appeals his conviction for burglary in the second degree after a trial on stipulated facts. He challenges the denial of his motion to suppress. We reverse and remand for a new trial.

At 6 a.m. on April 29, 1986, Officer Larkin of the Portland Police Bureau received a radio report that a burglary of a store was in progress. The broadcast included a description of the suspect's height, weight, age and clothing, as well as information...

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