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STATE v. BELLAR

050230673; A129493.

217 P.3d 1094 (2009)

231 Or. App. 80

STATE of Oregon, Plaintiff-Appellant Cross-Respondent, v. Donald Lee BELLAR, Defendant-Respondent Cross-Appellant.

Court of Appeals of Oregon.

Decided September 30, 2009.

Attorney(s) appearing for the Case

Rankin Johnson IV, Portland, argued the cause for respondent-cross-appellant. With him on the briefs was Philip A. Lewis.

Joanna L. Jenkins, Assistant Attorney General, argued the cause for appellant-cross-respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

EDMONDS, P.J.

The appeal in this criminal case charging defendant with 40 counts of encouraging child sexual abuse in the second degree, ORS 163.686, was initiated by the state after the trial court allowed in part and denied in part defendant's motion to suppress evidence. Defendant cross-appeals pursuant to ORS 138.0401 from the part of the order denying the motion to suppress. Subsequently, the state dismissed its appeal. The threshold...

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