STATE v. STOUDAMIRE

CR02-0915; A119567.

108 P.3d 615 (2005)

198 Or. App. 399

STATE of Oregon, Appellant, v. Damon Lamon STOUDAMIRE, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted November 17, 2004.

Decided March 16, 2005.


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 Mary H. Williams, Solicitor General.

Stephen A. Houze, Portland, argued the cause and filed the brief for respondent.

Before EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, SCHUMAN, and ORTEGA, Judges, and DEITS and LEESON, Judges pro tempore.


Resubmitted En Banc November 17, 2004.

PER CURIAM.

Affirmed by equally divided court.

ARMSTRONG and Landau, JJ., concur.

DEITS, J. Pro Tempore, and Edmonds and Haselton, JJ., dissent.

ARMSTRONG, J., concurring.

The state appeals a pretrial order suppressing evidence in this criminal proceeding. ORS 138.060. Defendant was charged with possession of a controlled substance, ORS 475.992(4)(a), and moved to suppress evidence found...

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