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STATE v. GRUNTZ

09FE0073; A145351.

273 P.3d 183 (2012)

248 Or. App. 11

STATE of Oregon, Plaintiff-Appellant, v. Robert GRUNTZ, Defendant-Respondent.

Court of Appeals of Oregon.

Decided February 8, 2012.

Attorney(s) appearing for the Case

Paul L. Smith , Attorney-in-Charge, Collateral Appeals, argued the cause for appellant. On the briefs were John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Linda Wicks , Assistant Attorney General.

Steven D. Bryant , Redmond, argued the cause for respondent. With him on the brief was Bryant, Emerson & Fitch, LLP.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

HASELTON, P.J.

The state appeals, under ORS 138.060(1)(c), from an order suppressing evidence of animal neglect, ORS 167.325; ORS 167.330, discovered as a result of two searches pursuant to search warrants.1 The trial court, after excising certain material from the affidavit in support of the warrant application for the first search (a ruling not challenged on appeal), determined that the remaining content was insufficient to establish...

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