STATE v. ASKAY

C-86-12-36621; CA A45830.

773 P.2d 785 (1989)

96 Or.App. 563

STATE of Oregon, Respondent, v. Harry Thomas ASKAY, Appellant.

Court of Appeals of Oregon.

Decided May 17, 1989.

Reconsideration Denied June 30, 1989.

Review Denied August 1, 1989.


Attorney(s) appearing for the Case

Russell J. Grattan, Vancouver, Washington, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Jonathan H. Fussner, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

Defendant was convicted of possession and delivery of a controlled substance. ORS 475.992(1)(b). On appeal, he assigns as error the trial court's denial of his motion to suppress evidence found in a brown paper bag discovered in a warrantless search of a woman to whom defendant had transferred the bag, contending that the search violated his rights under Article I, section 9, of the Oregon Constitution. We affirm.

At the suppression hearing...

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