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STATE v. BUNN

C9008-34686; CA A68797.

840 P.2d 106 (1992)

116 Or. App. 6

STATE of Oregon, Respondent, v. Roy BUNN, Appellant.

Court of Appeals of Oregon.

Decided October 28, 1992.

Attorney(s) appearing for the Case

Steven V. Humber, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Jas. Adams, 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.

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

BUTTLER, Presiding Judge.

Defendant appeals his conviction for possession of a controlled substance, ORS 475.992, after a trial to the court on stipulated facts and assigns error to the denial of his motion to suppress. We reverse.

At about 6:50 p.m. on August 16, 1990, Officer Smith saw two people standing at an intersection. One, defendant, was holding onto a stop sign to support himself when Smith drove up. Smith got out of his patrol car and, as he approached...

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