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STATE v. DEAN

051074; A134621.

206 P.3d 206 (2009)

227 Or. App. 342

STATE of Oregon, Plaintiff-Respondent, v. Larry Claude DEAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 8, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Irene B. Taylor, 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 Leigh A. Salmon, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

Defendant was convicted of one count of delivery of a controlled substance within 1,000 feet of a school. Former ORS 475.999(1) (2003), renumbered as ORS 475.904 (2005). On appeal, he assigns error to the denial of a motion to suppress evidence. The state concedes that the trial court erred in denying the motion. For the reasons that follow, we agree that the trial court erred and therefore reverse and remand.

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