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STATE v. MINCHUE

98-1245; A108461

24 P.3d 386 (2001)

173 Or. App. 520

STATE of Oregon, Appellant, v. Derrick W. MINCHUE, Respondent.

Court of Appeals of Oregon.

April 25, 2001.

Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

David C. Degner, Deputy Public Defender, argued the cause for respondent. With him on the brief was David E. Groom, Public Defender.

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

LANDAU, P.J.

In this prosecution of defendant for unlawful sexual penetration in the first degree, ORS 163.411, and sexual abuse in the first degree, ORS 163.427, the state appeals from an order suppressing evidence that defendant fled from police officers who were attempting to apprehend him. We reverse and remand for further proceedings.

For purposes of the issues presented on appeal, the facts are undisputed. Defendant is a 17-year-old boy who, at the relevant...

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