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STATE v. MATTHYS

893791 and 893792; CA A63693.

808 P.2d 94 (1991)

106 Or. App. 276

STATE of Oregon, Appellant, v. Jason F.D. MATTHYS and Jeffrey Ryan Hocken, Respondents.

Court of Appeals of Oregon.

Decided March 6, 1991.

Reconsideration Denied May 29, 1991.

Review Denied June 20, 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.

Guy B. Greco, Newport, argued the cause and filed the brief for respondent Jason F. D. Matthys.

Steven R. Swenson, Newport, argued the cause for respondent Jeffrey Ryan Hocken. With him on the brief was Law Offices of Robert W. Connell, Newport.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

DE MUNIZ, Judge.

Defendants were charged with burglary in the first degree, ORS 164.225, and theft in the first degree. ORS 164.055. The state appeals a pre-trial order suppressing evidence. We affirm.

At about 11:50 a.m. on October 4, 1989, Officer Teem was patrolling in a residential area of Newport. He saw an orange Camaro parked off the roadway. No one was in or near the car. It had been backed into foot-high brush to the tree line at a point where a trail...

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