STATE v. DEVINE

10-86-05350; CA A44327.

756 P.2d 33 (1988)

91 Or.App. 408

STATE of Oregon, Respondent, v. Kevin Michael DEVINE, Appellant.

Court of Appeals of Oregon.

Decided June 8, 1988.

Reconsideration Denied August 12, 1988.


Attorney(s) appearing for the Case

Shaun S. McCrea, Eugene, argued the cause and submitted 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.


ROSSMAN, Judge.

In a trial on stipulated facts, defendant was found guilty of unlawful possession of a controlled substance. ORS 475.992. He appeals an order denying his motion to suppress evidence seized by police during a search of his apartment. The issue is whether the apartment, a converted section of a garage, was within the scope of the search warrant. We affirm.

On August 14, 1985, police obtained a warrant to search the premises at 442 W. Centennial...

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