STATE v. MALVERN

0602275CR; A136110.

215 P.3d 114 (2009)

230 Or. App. 370

STATE of Oregon, Plaintiff-Respondent, v. Daryl MALVERN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 19, 2009.


Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for appellant.

Samuel A. Kubernick, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Anna M. Joyce, Assistant Attorney General.

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


LANDAU, P.J.

Defendant appeals a judgment of conviction for unlawful manufacture of marijuana. ORS 475.856. Defendant assigns error to the trial court's denial of his motion to suppress evidence obtained during what he contends was an unlawful search. We reverse and remand.

We take the facts from the trial court's undisputed findings. During a "flyover," Detective Mogle observed several marijuana plants growing on a piece of property later identified as defendant...

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