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STATE v. MORTON

CF96-0092; CA A92843.

951 P.2d 179 (1997)

151 Or. App. 734

STATE of Oregon, Respondent, v. Charles William MORTON, Appellant.

Court of Appeals of Oregon.

Decided December 24, 1997.

Attorney(s) appearing for the Case

Irene B. Taylor, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Ann F. Kelley, Assistant Attorney General, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before WARREN, Presiding Judge, and EDMONDS and ARMSTRONG, Judges.

WARREN, Presiding Judge.

Defendant appeals his conviction of possession of a controlled substance, ORS 475.992(4), arguing that the trial court erred in denying his motion to suppress evidence. We reverse.

On December 21, 1995, Officer Roberts, while on patrol in the city of Pendleton, saw the driver of the vehicle in which defendant was a passenger make illegal lane changes. He also saw that defendant was not wearing a seatbelt. Roberts stopped the vehicle...

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