STATE v. LOPEZ

88D100002; CA A50606.

782 P.2d 175 (1989)

99 Or.App. 381

STATE of Oregon, Respondent, v. Juan Cruz LOPEZ, Appellant.

Court of Appeals of Oregon.

Decided November 8, 1989.


Attorney(s) appearing for the Case

Steven M. Richkind, Salem, argued the cause and filed the brief for appellant.

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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


PER CURIAM.

Defendant appeals his convictions for attempted unauthorized use of a motor vehicle, ORS 164.135, ORS 161.405, and criminal mischief III. ORS 164.345. He assigns as error the court's denial of his motion to suppress evidence of his identification. We reverse.

The state agrees that defendant's assignment is well taken. Without a warrant, the police entered a private residence, found defendant there and required that he come out of the house to the...

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