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STATE v. MILLER

(CC 02CR0420; CA A121431; SC S054940).

191 P.3d 651 (2008)

345 Or. 176

STATE of Oregon, Petitioner on Review, v. Robert Arthur MILLER, Respondent on Review.

Supreme Court of Oregon.

Decided August 14, 2008.

Attorney(s) appearing for the Case

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Erin K. Galli, Chilton, Ebbett & Galli, LLC, Portland, argued the cause and filed the brief for respondent on review.

Before DE MUNIZ, Chief Justice, and GILLETTE, DURHAM, BALMER, KISTLER, and WALTERS, Justices.

DE MUNIZ, C.J.

The state seeks review of a Court of Appeals decision reversing defendant's convictions for drug manufacturing. The Court of Appeals reversed defendant's convictions reasoning, in part, that (1) on appeal, the state had conceded that defendant was placed under arrest when first restrained; and (2) at a pretrial hearing, the deputy sheriff who arrested defendant had testified that he lacked probable cause for the arrest. State v. Miller,

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