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STATE v. CHAPMAN

89-902, 89-903 & 89-904; CA A64174.

813 P.2d 557 (1991)

107 Or.App. 325

STATE of Oregon, Appellant, v. Ronald J. CHAPMAN, Respondent. State of Oregon, Appellant, v. MICHAEL VINCENT LEYVA, Respondent. State of Oregon, Appellant, v. STEVEN SUNDEEN, Respondent.

Court of Appeals of Oregon.

Decided May 22, 1991.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Richard L. Wolf, Oregon City, argued the cause for respondent Ronald J. Chapman. With him on the brief was William David Falls, Oregon City.

David K. Allen, Deputy Public Defender, Salem, argued the cause for respondent Michael Vincent Leyva. With him on the brief was Sally L. Avera, Public Defender, Salem.

Howard Clyman, West Linn, argued the cause and filed the brief for respondent Steven Sundeen.

Before BUTTLER, Presiding Judge, and ROSSMAN and DE MUNIZ, Judges.

DE MUNIZ, Judge.

Defendants were charged with manufacture and possession of a controlled substance. ORS 475.992(1)(b); ORS 475.992(4)(b). The state appeals the suppression of evidence in a pre-trial hearing. We reverse in part and remand.

On Sunday morning, July 30, 1989, residents of a home on Washington Street in Oregon City noticed that a van had pulled into the driveway of a neighboring house and that two men were walking back and forth between the van...

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