STATE v. DAVIS

J88-3030; CA A62666.

809 P.2d 125 (1991)

106 Or.App. 546

STATE of Oregon, Respondent, v. Fred Harold DAVIS, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted January 9, 1991.

Decided April 10, 1991.


Attorney(s) appearing for the Case

Charles F. Lee, Roseburg, argued the cause for appellant. With him on the brief was Parsons & Lee, Ltd., Roseburg.

Thomas H. Denney, 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.


Resubmitted in Banc January 9, 1991.

EDMONDS, Judge.

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992(4). He assigns error to the denial of his motion to suppress evidence seized pursuant to a search warrant. We reverse.

Officer Brown had a house at 1877 S.E. Main Street under surveillance and sought a search warrant to search it. In his affidavit in support of the warrant, he mistakenly identified the house number...

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