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STATE v. FORTUNE

C88-10-37114; CA A61338.

800 P.2d 1091 (1990)

104 Or.App. 528

STATE of Oregon, Respondent, v. Tyrone FORTUNE, Appellant.

Court of Appeals of Oregon.

Decided December 5, 1990.

Attorney(s) appearing for the Case

Lawrence J. Hall, Deputy Public Defender, Salem, argued the cause, for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Timothy A. Sylwester, 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.

PER CURIAM.

Defendant appeals the trial court's denial of his motion to suppress evidence seized in a search of his person. The search involved is the same one that we reviewed in State v. Yoakum, 104 Or.App. 291, 799 P.2d 1150 (1990), and concluded was unlawful. Accordingly, the trial court erred in denying defendant's motion to suppress.

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