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STATE v. CALVERT

040042CR; A127128.

164 P.3d 1169 (2007)

214 Or. App. 227

STATE of Oregon, Plaintiff-Respondent, v. Heatherlyn M. CALVERT, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted May 9, 2007.

Decided July 25, 2007.

Attorney(s) appearing for the Case

Brandon G. Williams, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Anna M. Joyce, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges.

Resubmitted En Banc May 9, 2007.

ARMSTRONG, J.

Defendant appeals a judgment of conviction, following a trial on stipulated facts, for one count of possession of a controlled substance. Former ORS 475.992 (2003), renumbered as ORS 475.840 (2005). Defendant assigns error to the trial court's denial of her motion to suppress evidence obtained during a traffic stop. We conclude that, although defendant's claim of error is unpreserved, the error is...

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