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STATE v. DELANEY

061251; A135316.

197 P.3d 621 (2008)

224 Or. App. 463

STATE of Oregon, Plaintiff-Respondent, v. Aaron Shawn DELANEY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 10, 2008.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Rebecca A. Duncan, Chief Deputy Public Defender, Legal Services Division, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Anna M. Joyce, Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM.

Defendant was convicted of possession of a controlled substance, ORS 475.894, and appeals, arguing that the trial court erred in denying his motion to suppress evidence found when his jacket was searched. The state concedes that the trial court erred in denying defendant's motion to suppress. As explained below, we conclude that the state's concession is well taken. Accordingly, we reverse and remand.

Defendant was the driver of a vehicle that...

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