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STATE v. JENKINS

9702-31487; A100743.

39 P.3d 868 (2002)

179 Or. App. 92

STATE of Oregon, Respondent, v. Chance C. JENKINS, Appellant.

Court of Appeals of Oregon.

Decided January 23, 2002.

Attorney(s) appearing for the Case

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

Lore Bensel, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

WOLLHEIM, J.

Defendant appeals from a judgment of conviction for two counts of robbery in the second degree. ORS 164.405(1)(a). Defendant argues that the trial court erred in denying his motion to suppress evidence found as the result of a warrantless search of a garage located on defendant's parents' property. In particular, defendant argues that the trial court's ruling was based on Measure 40 and that, given the Supreme Court's invalidation of Measure 40 on constitutional...

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