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STATE v. MORENO

C9511-38682; CA A93116.

946 P.2d 317 (1997)

150 Or. App. 306

STATE of Oregon, Respondent, v. Laurencio MORENO, Appellant.

Court of Appeals of Oregon.

Decided October 1, 1997.

Attorney(s) appearing for the Case

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

Kaye E. Sunderland, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

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

EDMONDS, Judge.

Defendant was convicted of possession and delivery of a controlled substance. ORS 475.992. He appeals and assigns error to the trial court's denial of his motion to suppress. We reverse.

Portland police officers Moylan and Cummings saw defendant walking in downtown Portland. They noticed that defendant looked at them in an odd manner. The following day, they saw him again and, when defendant again looked at them oddly, the officers decided...

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