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STATE v. OSBORNE

C87-06-32983; CA A46596.

771 P.2d 653 (1989)

96 Or.App. 109

STATE of Oregon, Appellant, v. Troy Dean OSBORNE, Respondent.

Court of Appeals of Oregon.

Decided April 5, 1989.

Attorney(s) appearing for the Case

Margaret E. Rabin, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

Before RICHARDSON, P.J., and DEITS and RIGGS, JJ.

PER CURIAM.

The state appeals the trial court's granting of defendant's motion to suppress evidence obtained during a search incident to an arrest. The issue is whether the arresting officer had probable cause to make the arrest. The trial court granted the motion without making findings of fact, and we cannot review the claim of error. See State v. Wise, 305 Or. 78, 82 n. 2, 749 P.2d 1179 (1988...

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