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STATE v. MODRELL-LYDALL

CM 91-1663; CA A76985.

876 P.2d 315 (1994)

128 Or. App. 372

STATE of Oregon, Respondent, v. Tami Sue MODRELL-LYDALL, Appellant.

Court of Appeals of Oregon.

Decided June 8, 1994.

As Amended June 24, 1994.

Attorney(s) appearing for the Case

Peter Gartlan, Deputy Public Defender, argued the cause, for appellant. With him on the brief was Sally L. Avera, Public Defender.

Jonathan H. Fussner, Asst. Atty. Gen., argued the cause, for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before WARREN, P.J., and EDMONDS and HASELTON, JJ.

EDMONDS, Judge.

Defendant appeals from her convictions for possession of marijuana and hashish. ORS 475.992(4)(a). She argues that the trial court erred in denying her a hearing on her motion to controvert the accuracy of the information in the affidavit supporting the issuance of a search warrant and in denying her motion to suppress the evidence seized as the result of the execution of the warrant. We reverse.

Defendant was arrested following the execution...

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