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STATE v. PIERCE

053579FE; A131475.

203 P.3d 343 (2009)

226 Or. App. 336

STATE of Oregon, Plaintiff-Respondent, v. Andrew Lee PIERCE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 4, 2009.

Attorney(s) appearing for the Case

David C. Degner, 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.

Tiffany Keast, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before BREWER, Chief Judge, EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges.

HASELTON, J.

Defendant appeals from his conviction for possession of a controlled substance (marijuana), former ORS 475.992 (2003), renumbered as ORS 475.840 (2005),1 assigning error to the denial of his motion to suppress evidence. Defendant contends that a police officer's observations of defendant's possession of marijuana in a residential backyard at 1:00 a.m., and defendant's consequent admissions and consent to search...

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