STATE v. TOWAI

CR0700259; A136857.

228 P.3d 601 (2010)

234 Or. App. 292

STATE of Oregon, Plaintiff-Respondent, v. Jethro K. TOWAI, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 17, 2010.


Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Appellate Division, and Ingrid A. MacFarlane, Office of Public Defense Services, filed the briefs for appellant.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Janet A. Metcalf, Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.


BREWER, C.J.

Defendant, who was convicted of possession of methamphetamine, argues on appeal that the trial court erred in denying in part his motion to suppress evidence. As explained below, we agree with defendant that he was entitled to suppression. Accordingly, we reverse and remand.

We are bound by the trial court's historical findings of fact relating to defendant's motions to suppress, if supported by evidence in the record. State v. Ehly, ...

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