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STATE v. BARCLAY

C013143CR; A120435.

100 P.3d 1148 (2004)

196 Or. App. 311

STATE of Oregon, Appellant, v. David Leo BARCLAY, Respondent.

Court of Appeals of Oregon.

Decided November 24, 2004.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Attorney-In-Charge, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

John J. Tyner III argued the cause for respondent. With him on the brief was Tyner & Associates.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

WOLLHEIM, J.

The state appeals an order granting defendant's motion to suppress evidence. ORS 138.060(1)(c). We review the court's order for errors of law, State v. Ehly, 317 Or. 66, 75, 854 P.2d 421 (1993), and reverse.

We state the facts based on the trial court's findings. Those findings are binding on our court if there is sufficient evidence in the record to support those findings...

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