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STATE v. PEWONKA

C071620CR, A137268.

219 P.3d 606 (2009)

231 Or. App. 558

STATE of Oregon, Plaintiff-Respondent, v. Debbie Lynn PEWONKA, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 28, 2009.

Attorney(s) appearing for the Case

Rebecca A. Duncan, Assistant Chief Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Jeremy C. Rice, Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before EDMONDS, Presiding Judge, and SERCOMBE, Judge, and DEITS, Senior Judge.

PER CURIAM.

Defendant appeals a judgment of conviction for possession of methamphetamine. ORS 475.894. On appeal, she assigns error to the trial court's denial of her motion to suppress evidence. She asserts that the evidence was obtained as the result of an unlawful extension of a traffic stop. We agree and, therefore, reverse and remand.

The facts in this case are undisputed. Defendant's husband was stopped by a police officer for a traffic violation and...

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