STATE v. BLEVINS

C94-02-31062; CA A85761.

920 P.2d 1131 (1996)

142 Or. App. 237

STATE of Oregon, Appellant, v. David Otis BLEVINS, Respondent.

Court of Appeals of Oregon.

Decided July 24, 1996.


Attorney(s) appearing for the Case

Jonathan H. Fussner, 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.

Dan Maloney, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

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


WARREN, Presiding Judge.

Defendant was charged with possession of a controlled substance, ORS 475.992(1). The state appeals a trial court order suppressing evidence and a judgment dismissing the charge. We reverse and remand.

We take the facts from the trial court's oral findings and the undisputed evidence at the suppression hearing. On February 15, 1994, around 4:45 a.m., Officer Rivera of the Gresham Police Department stopped a vehicle containing two men...

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