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STATE v. MORTON

10-93-01567B, 10-93-01567A; CA A80443 (Control), CA A80444.

904 P.2d 631 (1995)

137 Or. App. 228

STATE of Oregon, Appellant, v. Deann Lorraine MORTON, Respondent. STATE of Oregon, Appellant, v. Kenneth Mark EVANS, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted June 8, 1995.

Decided October 11, 1995.

Review Allowed January 23, 1996.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellants. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

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

Resubmitted in banc June 8, 1995.

LANDAU, Judge.

In these cases consolidated for appeal, the state appeals from orders granting defendants' motions to suppress evidence obtained from an arrest made pursuant to an allegedly unauthorized warrant. We affirm in part and reverse in part.

The following facts are not in dispute. In December 1991, defendant Deann Morton was convicted for driving while suspended. ORS 811.175. That offense is a traffic infraction...

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