STATE v. GRCICH

C9503 31748; CA A91320.

939 P.2d 649 (1997)

148 Or. App. 337

STATE of Oregon, Respondent, v. Eric Frank GRCICH, Appellant.

Court of Appeals of Oregon.

Decided June 11, 1997.


Attorney(s) appearing for the Case

Eric Johansen, Deputy Public Defender, Salem, argued the cause for appellant. With him on the briefs was Sally L. Avera, Public Defender.

Kaye E. Sunderland, Assistant Attorney General, argued the cause for respondent. On the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Janet A. Klapstein, Assistant Attorney General.

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


EDMONDS, Judge.

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

Under his first assignment of error, defendant argues that the affidavit in support of a search warrant "did not establish probable cause that the search...

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