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STATE v. POPPE

93-211-C2; CA A80782.

883 P.2d 905 (1994)

131 Or. App. 14

STATE of Oregon, Appellant, v. Jerry Ronald POPPE, Respondent.

Court of Appeals of Oregon.

Decided October 26, 1994.

Review Denied December 20, 1994.

Attorney(s) appearing for the Case

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

Carl Caplan argued the cause and filed the brief for respondent.

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

ROSSMAN, Presiding Judge.

Defendant was indicted for unlawful manufacture, possession and delivery of a controlled substance and first degree theft of electrical power. ORS 475.992(1); ORS 475.992(4); ORS 475.992; ORS 164.055. The state appeals from a pretrial order that suppressed evidence seized from defendant's property pursuant to a search warrant. We reverse and remand.

The central issue in this case is whether the facts in the affidavit supporting the...

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