STATE v. HUBBARD

90CR-0771FE; CA A68601.

833 P.2d 1313 (1992)

113 Or. App. 587

STATE of Oregon, Appellant, v. Gary Edmond HUBBARD, Respondent.

Court of Appeals of Oregon.

Decided June 24, 1992.


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.

Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender, Salem.

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


DE MUNIZ, Judge.

The state appeals an order suppressing statements made by defendant in a pre-sentence investigation (PSI) interview. ORS 138.060(3). We affirm.

Defendant was arrested and charged with sexual abuse in the first degree, ORS 163.427, and unlawful sexual penetration in the first degree. ORS 163.411. The victim was defendant's two-and-a-half year old stepdaughter. Pursuant to a plea agreement, defendant entered a guilty plea on the sexual abuse...

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