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STATE v. JENNINGS

CM0320659; A128414.

184 P.3d 1200 (2008)

220 Or. App. 1

STATE of Oregon, Plaintiff-Respondent, v. Cheryl Lynn JENNINGS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 14, 2008.

Attorney(s) appearing for the Case

Ingrid Swenson, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Tammy W. Sun, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jonathan H. Fussner, Attorney-In-Charge, Criminal Appeals Unit, filed the brief for respondent.

Before BREWER, Chief Judge, and SCHUMAN, Judge, and DEITS, Judge pro tempore.

BREWER, C.J.

Defendant appeals her conviction, after a stipulated facts trial, for delivery of a Schedule II controlled substance. Former ORS 475.992 (2001), renumbered as ORS 475.840 (2005). In her sole assignment of error, defendant asserts that the trial court erred in denying her motion to suppress evidence that police found while executing a telephonically authorized warrant. Defendant contends that the issuing judge's oral authorization and the...

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