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STATE v. PICHARDO

110833156; A150488.

364 P.3d 1 (2015)

275 Or. App. 49

STATE of Oregon, Plaintiff-Respondent, v. Victor Javier PICHARDO, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 2, 2015.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Jedediah Peterson , Deputy Public Defender, Office of Public Defense Services, filed the opening brief for appellant. On the supplemental brief were Jedediah Peterson and O'Connor Weber LLP.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Leigh A. Salmon , Assistant Attorney General, filed the answering brief for respondent. On the supplemental brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Rolf C. Moan , Assistant Attorney General.

Before FLYNN, Presiding Judge, and HASELTON, Chief Judge, and WOLLHEIM, Senior Judge.

This case is before us for a second time. Previously, we reversed and remanded defendant's conviction for possession of heroin, concluding that the trial court had erred in denying defendant's motion to suppress evidence that derived from an unlawful seizure. State v. Pichardo,

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