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STATE v. FERRIS

CR90-006; CA A64404.

813 P.2d 1123 (1991)

108 Or.App. 81

STATE of Oregon, Appellant, v. William D. FERRIS, Respondent.

Court of Appeals of Oregon.

Decided July 3, 1991.

Attorney(s) appearing for the Case

Timothy A. Sylwester, 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.

Christopher J. Casebeer, Salem, argued the cause for respondent. With him on the brief were Helen L. Cooper and Ferder, Ogdahl, Brandt & Casebeer, Salem.

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

RICHARDSON, Presiding Judge.

Defendant was charged with several drug related offenses. Before trial, he moved to suppress evidence seized pursuant to three search warrants and to controvert the affidavit submitted for the warrants. The trial court granted the motion to suppress, but did not address the motion to controvert. The state appeals, and we reverse.

The order allowing defendant's motion states:

"3. That the three warrants were not based upon...

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