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STATE v. STANLEY

CC 10-93-01272; CA A81472; SC S43291.

935 P.2d 1202 (1997)

325 Or. 239

STATE of Oregon, Petitioner on Review, v. Scott Eric STANLEY, Respondent on Review.

Supreme Court of Oregon.

Decided April 17, 1997.

Attorney(s) appearing for the Case

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the briefs were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Mary M. Reese, Deputy Public Defender, Salem, argued the cause for respondent on review. With her on the brief was Sally L. Avera, Public Defender.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER and DURHAM, JJ.

GRABER, Justice.

Defendant was charged with unlawful possession of a controlled substance, methamphetamine. Before trial, he moved to suppress evidence of the methamphetamine, which a police officer had found on his person. The trial court denied that motion. Thereafter, after a trial on stipulated facts, the court found defendant guilty. The Court of Appeals reversed. State v. Stanley, 139 Or.App. 526,

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