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STATE v. BROWN

03CR0157; A124830.

157 P.3d 301 (2007)

212 Or. App. 164

STATE of Oregon, Plaintiff-Respondent, v. Chester P. BROWN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 18, 2007.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and David C. Degner, Deputy Public Defender, filed the opening brief for appellant. Chester P. Brown filed the supplemental brief pro se.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Steven R. Powers, Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.

EDMONDS, P.J.

Defendant appeals a conviction for rape in the first degree, ORS 163.375, challenging the denial of his motion to suppress DNA evidence. The rape was committed in 1998 by, at that time, an unknown assailant. In 2001, pursuant to ORS 137.076, defendant was required to provide a buccal sample following his convictions for felonies. In 2002, the Oregon State Police crime laboratory compared the DNA that had been seized from the rape scene with the sample...

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