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STATE v. KOROTEEV

050545709, A132358.

194 P.3d 842 (2008)

222 Or. App. 596

STATE of Oregon, Plaintiff-Respondent, v. Eugene V. KOROTEEV, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 8, 2008.

Attorney(s) appearing for the Case

Brandon G. Williams, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Michael R. Washington, Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

ROSENBLUM, J.

Defendant appeals a judgment of conviction for possession of a controlled substance, former ORS 475.992(1) (1995), renumbered as ORS 475.840 (2005), assigning error to the trial court's denial of his motion to suppress. He argues that the arresting officer lacked probable cause to believe that he was engaged in committing the crime of attempted theft when the officer observed him under the hood of a car, and that the trial court therefore...

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