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STATE v. TERHEAR

94-06-33814, 94-06-33815; CA A86125 (Control), CA A86126.

923 P.2d 641 (1996)

142 Or. App. 450

STATE of Oregon, Appellant, v. Justin Graham TERHEAR, Respondent. STATE of Oregon, Appellant, v. Carl E. GOEMMEL, Respondent.

Court of Appeals of Oregon.

Decided July 31, 1996.

Attorney(s) appearing for the Case

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

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

No appearance for respondent Justin Graham Terhear.

Before DEITS, P.J., and DE MUNIZ and HASELTON, JJ.

HASELTON, Judge.

The state appeals from a pretrial order granting defendants' motions to suppress evidence. ORS 138.060(3). We affirm with respect to defendant Goemmel, and remand for further findings as to defendant Terhear.

On the afternoon of June 10, 1994, Portland Police Officer Andrew was on foot patrol in the Old Town district. Andrew saw defendant Goemmel ride by in the front passenger seat of a two-door car and noticed that Goemmel was not wearing...

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