STATE v. RAY

96-2858-C; CA A97771.

971 P.2d 490 (1998)

157 Or. App. 601

STATE of Oregon, Appellant, v. Virgil Allen RAY, Respondent.

Court of Appeals of Oregon.

Decided December 16, 1998.


Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. On the brief were Hardy Myers, Attorney General, Virginia L. Linder, Solicitor General, and David B. Thompson, Assistant Attorney General.

Hari Nam S. Khalsa, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before De MUNIZ, Presiding Judge, and DEITS, Chief Judge, and HASELTON, Judge.


DEITS, C.J.

Defendant is charged with second-degree theft, ORS 164.045, based on the alleged unauthorized signing of a credit charge for merchandise at a hardware store. The state seeks reversal of a pretrial order suppressing evidence of "any identification of the defendant which occurred while the officer and the identifying witness were both present at defendant's residence, as well as any subsequent in-court identification * * *." We reverse.

In July 1996...

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