STATE v. MARTINEZ

07C40004, A135885.

216 P.3d 347 (2009)

230 Or. App. 492

STATE of Oregon, Plaintiff-Respondent, v. Desiree Susie MARTINEZ, aka Desiree Susie Wright, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 2, 2009.


Attorney(s) appearing for the Case

Erik Blumenthal, 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.

Christina M. Hutchins, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Rolf C. Moan, Acting Solicitor General.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and CARSON, Senior Judge.


BREWER, C.J.

Defendant appeals from a judgment of conviction for unlawful possession of methamphetamine, ORS 475.894, contending that she was unlawfully seized when a police officer, in the process of arresting her companion, prevented her from leaving the bedroom where she and her companion were found. Defendant argues that her later admission that she had consumed methamphetamine was the product of an exploitation of that unlawful seizure. Or. Const., Art. I, &...

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