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STATE v. FOX

(97-00078CR; CA A99979)

995 P.2d 1193 (2000)

165 Or. App. 289

STATE of Oregon, Respondent, v. Mitchell James FOX, Appellant.

Court of Appeals of Oregon.

Decided January 26, 2000.

Attorney(s) appearing for the Case

David E. Groom, Public Defender, and Louis R. Miles, Deputy Public Defender, filed the brief for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

BREWER, J.

Defendant appeals from his conviction for possession of a controlled substance. ORS 475.992(4)(b). He asserts that the trial court improperly denied his motion to suppress based solely on his failure to appear at the time set for hearing of the motion. We review for errors of law and vacate and remand.

Following his arrest, defendant executed a pretrial conditional release agreement in which he agreed...

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