STATE v. BAILEY

94CR1611 and 94CR1957; CA A87139 Control and CA A88034.

924 P.2d 833 (1996)

143 Or. App. 285

STATE of Oregon, Respondent, v. Timothy Robert BAILEY, Appellant.

Court of Appeals of Oregon.

Decided August 28, 1996.


Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. On the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Liana Gioia Ramfjord, Assistant Attorney General.

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


HASELTON, Judge.

Defendant appeals his conviction for possession of a controlled substance, ORS 475.992, and assigns error to the denial of his motion to suppress evidence. We vacate the conviction and remand for further findings pertaining to the lawfulness of the search.

The facts, as found by the trial court, are as follows: On the night of September 11, 1994, Myrtle Point Reserve Police Officer Gwartney saw defendant...

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