STATE v. CHING

10-88-08700; CA A62294.

813 P.2d 1081 (1991)

107 Or.App. 631

STATE of Oregon, Respondent, v. Scott Foster CHING, Appellant.

Court of Appeals of Oregon.

Decided June 19, 1991.


Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Deputy Public Defender, Salem, argued the cause, for appellant. With her on the brief, was Sally L. Avera, Public Defender, Salem.

Diane S. Lefkow, 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 BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.


BUTTLER, Presiding Judge.

Defendant appeals his conviction for possession of a controlled substance, ORS 475.992, after trial to the court on stipulated facts following denial of his motion to suppress. He assigns error to the denial of that motion. We reverse.

On September 20, 1988, at about 2:00 p.m., Officer Wood and five other officers began executing a search warrant at a Eugene shop building. At about 4:45 p.m., the officers observed defendant drive...

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