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STATE v. SILVA

(97-4531-A-F-E; CA A101140)

13 P.3d 143 (2000)

170 Or. App. 440

STATE of Oregon, Appellant, v. Edward J. SILVA, Michael Angelo Harris, Respondents.

Court of Appeals of Oregon.

Decided October 18, 2000.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

James N. Varner argued the cause for respondents. With him on the brief was David E. Groom, Public Defender.

EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

EDMONDS, P.J.

Defendants Silva and Harris are charged in the same indictment with first-degree burglary, ORS 164.225, and first-degree theft, ORS 164.055. The state appeals from pretrial orders suppressing evidence, including evidence obtained from the search of a duffel bag that was on the back seat of the car that Silva was driving and in which Harris was a passenger.1 ORS 138.060(3). We affirm.

Under State v. Ehly,

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