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STATE v. RIVERA

911264; CA A73657.

855 P.2d 188 (1993)

121 Or. App. 246

STATE of Oregon, Respondent, v. Darrell Stephen RIVERA, Appellant.

Court of Appeals of Oregon.

Decided June 23, 1993.

Attorney(s) appearing for the Case

Mary M. Reese, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Paul Migchelbrink, Certified Law Student, argued the cause for respondent. With him on the brief were Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

ROSSMAN, Presiding Judge.

Defendant was convicted of felony driving while suspended. ORS 811.182. He assigns error to the trial court's denial of his motion to suppress evidence that he was driving while suspended, contending that the stop was unlawful. We agree, and reverse.

Officer Bergin was parked on the side of a narrow, one-lane road when defendant drove by slowly in a 1966 pickup truck. Bergin noticed a child partially standing on the seat of the truck...

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