STATE v. CRUZ-AGUIRRE

95CR3094FE; CA A97471.

972 P.2d 1206 (1999)

158 Or. App. 15

STATE of Oregon, Appellant, v. Froylan CRUZ-AGUIRRE, Respondent.

Court of Appeals of Oregon.

Decided January 6, 1999.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Diane L. Alessi, Deputy Public Defender, argued the cause for respondent. With her on the brief was Sally L. Avera, Public Defender.

Before WARREN, Presiding Judge and EDMONDS and ARMSTRONG, Judges.


EDMONDS, J.

The state appeals the trial court's pretrial order suppressing evidence of a controlled substance that a state police officer discovered during the search of defendant's vehicle. The trial court concluded that the officer's request for consent to the search violated ORS 810.410(3)(b) (1995), as construed in State v. Dominguez-Martinez, 321 Or. 206, 895 P.2d 306 (1995) and State...

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