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STATE v. FUGATE

CR030051; A122496.

150 P.3d 409 (2006)

210 Or. App. 8

STATE of Oregon, Respondent, v. Michael FUGATE, Appellant.

Court of Appeals of Oregon.

Decided December 20, 2006.

Attorney(s) appearing for the Case

Stephanie Hortsch, Deputy Public Defender, argued the cause for appellant. On the brief were Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Monica L. Finch, Deputy Public Defender, Office of Public Defense Services.

Benjamin R. Hartman, 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 HASELTON, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.

BREWER, C.J.

Defendant appeals a judgment convicting him, after a trial on stipulated facts, of possession of a controlled substance. Former ORS 475.992 (2003), renumbered as ORS 475.840 (2005). Defendant asserts that the trial court erred in denying his motion to suppress evidence of the contents of a folded piece of tin foil that a police officer opened after defendant handed it to him. The trial court determined that defendant consented to the search...

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