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STATE v. DERRAH

02010199; A119298.

84 P.3d 1084 (2004)

191 Or. App. 511

STATE of Oregon, Appellant, v. Brady Franklyn DERRAH, aka Brady Franklin Derrah, Respondent.

Court of Appeals of Oregon.

Decided January 21, 2004.

Attorney(s) appearing for the Case

Janet A. Klapstein, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

David C. Degner, Deputy Public Defender, argued the cause for respondent. With him on the brief were Peter A. Ozanne, Executive Director, Office of Public Defense Services, and Peter Gartlan, Chief Defender.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

LINDER, J.

In this criminal case, defendant was charged with manufacturing, delivering, and possessing a controlled substance, ORS 475.992, after a warranted search resulted in the seizure of approximately 50 marijuana plants at his residence. Before trial, defendant moved to controvert the affidavit submitted by Detective Welch in support of the warrant on the ground that his last name was repeatedly misspelled "Dennah" instead of "Derrah." See ORS 133.693...

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