STATE v. FACCIO

10-89-05335; CA A64873.

834 P.2d 485 (1992)

114 Or. App. 112

STATE of Oregon, Respondent, v. Geraldine Virginia FACCIO, Appellant.

Court of Appeals of Oregon.

Decided July 8, 1992.


Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for appellant.

Cynthia A. Forbes, 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., and DEITS and DE MUNIZ, JJ.


DEITS, Judge.

Defendant appeals her conviction for unlawful possession of a controlled substance. ORS 475.992. She assigns error to the trial court's denial of her motion to suppress. We reverse and remand.

On November 23, 1988, at approximately 3:30 a.m., Eugene police officer Doe was on patrol. When he noticed a car turning off onto a number of side roads as if to avoid him, he became suspicious. He followed the car and saw it pull over to the side of the...

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