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STATE v. RUBIO

C00-06-34587; A113111.

89 P.3d 1184 (2004)

193 Or. App. 208

STATE of Oregon, Respondent, v. Eliud RUBIO, Appellant.

Court of Appeals of Oregon.

Decided April 28, 2004.

Attorney(s) appearing for the Case

Anne Fujita Munsey argued the cause for appellant. With her on the supplemental brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender. On the opening brief were David E. Groom, Acting Director, Office of Public Defense Services, and Steven N. Humber, Deputy Public Defender.

David J. Amesbury, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

LANDAU, P.J.

Defendant appeals a judgment of conviction on one count of possession of a controlled substance. ORS 475.992(1). He contends that the trial court erred in denying his motion to suppress evidence of his possession of a plastic bag containing methamphetamine that a police officer removed from defendant's pants pocket during a stop. We agree and reverse and remand.

The relevant facts are not in dispute....

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