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STATE v. MONTOYA

C072850CR; D062606M; C051246CR; A138520 (Control); A138625; A138626.

221 P.3d 833 (2009)

232 Or. App. 278

STATE of Oregon, Plaintiff-Respondent, v. Gaden Carmen MONTOYA, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 25, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Appellate Division, and Ryan T. O'Connor, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Samuel A. Kubernick, Assistant Attorney General, filed the brief for respondent.

Before ROSENBLUM, Presiding Judge, and BREWER, Chief Judge, and DEITS, Senior Judge.

PER CURIAM.

In this consolidated appeal, defendant appeals from a judgment convicting him of possession of methamphetamine (Case Number A138520) and two judgments revoking his probation in other cases (Case Numbers A138625 and A138626). He assigns error to the denial of his motion to suppress evidence obtained after a police officer stopped him for bicycling without a visible light, a traffic violation. Defendant argues that the officer unlawfully expanded the scope...

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