STATE v. BRESHEARS

87061255; A47511 (CONTROL) & A47540.

779 P.2d 158 (1989)

98 Or.App. 105

STATE of Oregon, Respondent, v. Gary Eugene BRESHEARS, Appellant. State of Oregon, Respondent, v. D'Anne Michelle Oliver, Appellant.

Court of Appeals of Oregon.

Decided August 30, 1989.


Attorney(s) appearing for the Case

Steven V. Humber, Salem, argued the cause for appellants. With him 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 was Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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


NEWMAN, Judge.

In these consolidated appeals, defendants challenge their convictions for manufacturing a controlled substance. ORS 475.992. They contend that the court erred in denying their pretrial motions to suppress evidence seized in Breshears' apartment during the execution of a search warrant. We reverse.

Breshears occupied a corner, groundfloor apartment, located in a building containing two apartments that was part of a multi-building complex. Oliver...

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