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STATE v. BALES

060130316; A133005.

183 P.3d 228 (2008)

219 Or. App. 487

STATE of Oregon, Plaintiff-Respondent, v. Benny Jay BALES, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 23, 2008.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Services Division, and Jamesa J. Drake, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and David B. Thompson, Senior Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

PER CURIAM.

Defendant appeals from a judgment of conviction for unlawful possession of a controlled substance, former ORS 475.992 (2003), arguing that the trial court erred in denying his motion to suppress evidence. The state concedes that the trial court erred. As explained below, we conclude that the concession is well taken. Consequently, we reverse and remand.

Defendant was stopped by a police officer who subjectively believed that he had reasonable...

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