STATE v. WHALEN

86-CR-479; CA A44857.

750 P.2d 1168 (1988)

90 Or.App. 18

STATE of Oregon, Respondent, v. Kenneth Patrick WHALEN, Appellant.

Court of Appeals of Oregon.

Decided March 9, 1988.


Attorney(s) appearing for the Case

Christopher D. Mecca, Grants Pass, argued the cause and filed the brief, for appellant.

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 WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.


JOSEPH, Chief Judge.

Defendant appeals from his conviction for the crime of manufacturing a controlled substance. ORS 475.992. His only claim of error is that the trial court failed to suppress evidence seized under a search warrant.

On August 28, 1986, a Josephine County District Court judge issued the search warrant. Defendant concedes that the warrant was lawfully issued. On the fifth day after the warrant was issued, and after several attempts to contact...

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