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STATE v. PARKER

0606-47424; A134163.

337 P.3d 936 (2014)

266 Or. App. 230

STATE of Oregon, Plaintiff-Respondent, v. Glenn Charles PARKER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 15, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Emily Schoonmaker , Deputy Public Defender, Legal Services Division, Office of Public Defense Services, filed the opening brief for appellant. Peter Gartlan , Chief Defender, and Joshua B. Crowther , Chief Deputy Defender, filed the supplemental brief.

Hardy Myers , Attorney General, Mary H. Williams , Solicitor General, and Anna M. Joyce , Assistant Attorney General, filed the answering brief for respondent. Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Tiffany Keast , Assistant Attorney General, filed the supplemental brief.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and NAKAMOTO, Judge.

HASELTON, C.J.

This case is on remand from the Oregon Supreme Court for a second time. For the reasons explained below, we now conclude that, because defendant was not seized for purposes of Article I, section 9, of the Oregon Constitution,1 the trial court did not err in denying defendant's motion to suppress. Accordingly, we affirm.

In our original opinion, we vacated the trial court's denial of defendant's motion to suppress...

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