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STATE v. LEAVITT

94-CR1164; CA A85635.

920 P.2d 552 (1996)

141 Or. App. 588

STATE of Oregon, Respondent, v. Merlin Lavoy LEAVITT, Appellant.

Court of Appeals of Oregon.

Decided June 26, 1996.

Attorney(s) appearing for the Case

David C. Degner, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Douglas F. Zier, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

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

PER CURIAM.

Defendant appeals his conviction for possession of a controlled substance and being a felon in possession of a restricted weapon. ORS 475.992; ORS 166.270. He contends that the evidence used to convict him of those charges was obtained from an illegal search. We affirm.

The issue turns on whether a police officer saw the weapon in plain view before the officer searched the car containing it. The officer testified that he had, and the trial court...

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