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STATE v. POWELL

CM0621169; A141129.

256 P.3d 185 (2011)

242 Or. App. 645

STATE of Oregon, Plaintiff-Appellant, v. Lance Franklin POWELL, Defendant-Respondent.

Court of Appeals of Oregon.

Decided May 18, 2011.

Attorney(s) appearing for the Case

Douglas F. Zier , Assistant Attorney General, argued the cause for appellant. With him on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

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

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and LANDAU, Judge Pro Tempore.

SERCOMBE, J.

Defendant was charged with aggravated first-degree theft. ORS 164.057. The state appeals from a pretrial order suppressing defendant's self-incriminating statements and the physical evidence obtained as a result of those statements. See ORS 138.060(1)(c) (allowing state appeal from an "order made prior to trial suppressing evidence"). Defendant made two confessions, first to private investigators and then to the police, in the course of successive...

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