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STATE v. FRAGA-ORTIZ

C970296CR; A106233

31 P.3d 1089 (2001)

176 Or. App. 268

STATE of Oregon, Respondent, v. Abel FRAGA-ORTIZ, Appellant.

Court of Appeals of Oregon.

Decided August 29, 2001.

Attorney(s) appearing for the Case

Steven V. Humber argued the cause for appellant. With him on the brief was David E. Groom, State Public Defender.

Timothy A. Sylwester argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and KISTLER, Judge.

EDMONDS, P.J.

Defendant appeals his convictions for ten counts of delivery of controlled substances and eight counts of possession of controlled substances. ORS 475.992. He argues that the trial court erred when it denied his motion to suppress certain evidence found during a warrantless search of a suitcase and that it subsequently erred by giving a jury instruction, over his objection, that stated that the possession of controlled substances

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