STATE v. LOWERY

10-86-05316; CA A44963.

770 P.2d 923 (1989)

95 Or.App. 583

STATE of Oregon, Respondent, v. Ricky Dean LOWERY, Appellant.

Court of Appeals of Oregon.

Decided March 22, 1989.


Attorney(s) appearing for the Case

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

Frank Gruber, 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., and NEWMAN and DEITS, JJ.


RICHARDSON, Presiding Judge.

Defendant appeals his conviction for possession of a controlled substance. He contends that his earlier plea of guilty to another charge barred prosecution of this charge under ORS 131.515(2). Alternatively, he contends that the trial court erred by denying an evidentiary hearing on his motion to dismiss. We affirm.

On April 16, 1986, a police officer stopped the vehicle that defendant was operating. In a subsequent search, the...

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