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STATE v. PETERSON

10C41311; A146017.

313 P.3d 388 (2013)

259 Or. App. 294

STATE of Oregon, Plaintiff-Respondent, v. Myles Russel PETERSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 6, 2013.

Attorney(s) appearing for the Case

Jedediah Peterson , Deputy Public Defender, argued the cause for appellant. With him on the opening brief was Peter Gartlan , Chief Defender, Office of Public Defense Services. Myles Russel Peterson filed the supplemental brief pro se.

Michael A. Casper , Deputy Solicitor General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before ORTEGA, Presiding Judge, and HASELTON, Chief Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Defendant appeals a judgment of conviction on one count of delivery of heroin constituting a commercial drug offense, ORS 475.850 and ORS 475.900, and one count of possession of heroin, ORS 475.854. He asserts that the trial court erroneously denied his motion to suppress the evidence obtained from a search of his person and the statements that he made after an unlawfully extended traffic stop. We reverse and remand.1

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