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STATE v. WENGER

9505-33842; CA A90389.

922 P.2d 1248 (1996)

143 Or. App. 90

STATE of Oregon, Appellant, v. Frederick WENGER, Jr., Respondent.

Court of Appeals of Oregon.

Decided August 28, 1996.

Attorney(s) appearing for the Case

David B. Thompson, 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.

Bruce M. Howlett, Portland, waived appearance for respondent.

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

DEITS, Presiding Judge.

The state appeals from a pretrial order suppressing evidence of controlled substances and a large sum of cash. ORS 138.060(3). We reverse.

We quote the material facts, which are undisputed, from the trial court's order:

"1. On May 24, 1995, around 7:15 PM, Multnomah Co. Deputy Sheriff Brian Martinek was parked in a parking lot at SE 67th & Foster. He was there for the purpose of continuing to investigate a narcotics case...

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