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STATE v. WENTWORTH

080304CR; A142846.

284 P.3d 1250 (2012)

252 Or. App. 129

STATE of Oregon, Plaintiff-Respondent, v. Ralph Lawrence WENTWORTH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 29, 2012.

Attorney(s) appearing for the Case

Jedediah Peterson , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Paul L. Smith , Attorney-in-Charge, Collateral Remedies Appeals, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Stacey RJ Guise , Senior Assistant Attorney General.

Before ORTEGA, Presiding Judge, and BREWER, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Defendant appeals a judgment of conviction for unlawful possession of marijuana, ORS 475.864(2). Defendant assigns as error the trial court's denial of his motion to suppress evidence obtained during a traffic stop, asserting that the officer lacked probable cause to stop him for failure to drive within a lane, ORS 811.370 (2007).1 Defendant makes two arguments about whether the officer lacked probable cause to stop defendant...

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