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STATE v. CHERRY

11C40180, 10C41726; A148450 (Control), A148417.

325 P.3d 813 (2014)

262 Or. App. 612

STATE of Oregon, Plaintiff-Respondent, v. Willie Terry CHERRY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 7, 2014.

Attorney(s) appearing for the Case

Anne Fujita Munsey , Senior Deputy Public Defender, argued the cause for appellant. With her on the briefs was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Susan G. Howe , Senior Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Douglas F. Zier , Senior Assistant Attorney General.

Before DUNCAN, Presiding Judge, and WOLLHEIM, Judge, and SCHUMAN, Senior Judge.

DUNCAN, P.J.

Defendant, who entered a conditional plea of guilty, ORS 135.335(3), to two counts of identity theft, ORS 165.800, and one count of giving false information to a peace officer, ORS 162.385, appeals from the resulting judgment, assigning error to the trial court's denial of his motion to suppress evidence.1 We agree with defendant that (1) he was searched in violation of Article I, section 9, of the Oregon Constitution

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