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STATE v. GARDNER

08081653; A146833.

327 P.3d 1169 (2014)

263 Or. App. 309

STATE of Oregon, Plaintiff-Respondent, v. Frank Nate GARDNER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 29, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Louis R. Miles , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Douglas F. Zier , Senior Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and DE MUNIZ, Senior Judge.

DE MUNIZ, S.J.

Defendant appeals a judgment of conviction for unlawful delivery of methamphetamine (ORS 475.890) and unlawful possession of methamphetamine (ORS 475.894). The police entered defendant's residence three times. The police first entered defendant's residence as part of a so-called "protective sweep" during the execution of a warrant authorizing the search of other structures on defendant's property. The second entry occurred when police officers accompanied...

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