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STATE v. CAPELL

CR95-617B; CA A94532.

966 P.2d 232 (1998)

156 Or. App. 582

STATE of Oregon, Respondent, v. Matthew Monroe CAPELL, Appellant.

Court of Appeals of Oregon.

Decided October 28, 1998.

Attorney(s) appearing for the Case

David E. Groom, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Richard D. Wasserman, Assistant Attorney General, argued the cause for respondent. With him 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 appeals his convictions for possession and delivery of a controlled substance. ORS 475.992(4)(a); ORS 475.992(1)(a). He assigns as error the denial of his motion to suppress evidence. We affirm.

The facts are uncontroverted. Zowie Clark, acting on her own initiative and without the encouragement of any law enforcement agent, recorded a phone conversation that occurred in her residence between her 19-year-old son and defendant. The...

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