STATE v. AGNES

Nos. C9101-30097; CA A71029.

848 P.2d 1237 (1993)

118 Or. App. 675

STATE of Oregon, Respondent, v. David William AGNES, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted March 10, 1993.

Decided March 17, 1993.


Attorney(s) appearing for the Case

Mark John Holady, Wilsonville, argued the cause for appellant. On the brief was Martin W. Van Zeipel, Portland.

Harrison L. Latto, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.


Resubmitted in banc March 10, 1993.

DE MUNIZ, Judge.

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992(4). He contends that the court erred by denying his motion to suppress evidence seized after a warrantless entry into his apartment. We affirm.

Defendant lives in a duplex. Early one morning, his neighbor heard people in defendant's apartment fighting. He heard "banging, yelling and screaming." He called defendant...

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