STATE v. MORTON

10-87-10958; CA A63124.

822 P.2d 148 (1991)

110 Or.App. 219

STATE of Oregon, Respondent, v. Joe'L MORTON, Appellant.

Court of Appeals of Oregon.

Decided December 11, 1991.


Attorney(s) appearing for the Case

John Halpern, Jr., Eugene, argued the cause and filed the brief, for appellant.

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 RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.


DEITS, Judge.

Defendant appeals her conviction for unlawful possession of a controlled substance. ORS 475.992(4)(b). She assigns error to the denial of her motion to suppress evidence found in a cigarette case in her purse. We reverse.

The facts are undisputed. Defendant entered the New Oregon Motel in Eugene and approached the counter. A clerk asked her to wait until the clerk had finished other business. Defendant waited for a few minutes and then left,...

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