STATE v. HIGHLEY

CR050560; A130716.

180 P.3d 1230 (2008)

219 Or. App. 100

STATE of Oregon, Plaintiff-Respondent, v. John Eldon HIGHLEY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 26, 2008.


Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Salem, argued the cause and filed the brief for appellant.

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

Before ARMSTRONG, Presiding Judge, and ROSENBLUM, Judge, and CARSON, Senior Judge.


ROSENBLUM, J.

Defendant was convicted of possession of a controlled substance, former ORS 475.992 (2003), and appeals his conviction, assigning error to the trial court's denial of his motion to suppress evidence. Defendant also raises an evidentiary issue in a supplemental assignment of error. As explained below, we conclude that defendant was stopped unlawfully and that the evidence that he sought to suppress was gained as a result of that unlawful stop....

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