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STATE v. KHOSHNAW

070733253, A138146.

227 P.3d 1188 (2010)

234 Or. App. 24

STATE of Oregon, Plaintiff-Respondent, v. Sarbaz M. KHOSHNAW, aka Sarbaz M. Uhoshnaw, aka Sarbaz Mohammed Khoshnaw, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 3, 2010.

Attorney(s) appearing for the Case

Kenneth A. Kreuscher, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Matthew J. Lysne, 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 WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and BREITHAUPT, Judge pro tempore.

BREWER, C.J.

Defendant, who was convicted of one count of being a felon in possession of a firearm, ORS 166.270, and one count of unlawful use of a firearm, ORS 166.250, argues on appeal that the trial court erred in denying his motion to suppress evidence. The trial court's factual findings are binding on appeal as long as there is constitutionally sufficient evidence to support them. State v. Ehly, 317 Or. 66, 75,

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