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STATE v. SMITH

121337; A153778.

373 P.3d 1089 (2016)

277 Or. App. 298

STATE of Oregon, Plaintiff-Respondent, v. Phillip Dewey SMITH, Jr., Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted en banc January 7, 2016.

Decided April 6, 2016.

Attorney(s) appearing for the Case

Emily P. Seltzer , Deputy Public Defender, argued the cause for appellant. With her on the briefs was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Jamie K. Contreras , Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Tiffany Keast , Assistant Attorney General.

Before HADLOCK, Chief Judge, and ARMSTRONG, ORTEGA, SERCOMBE, DUNCAN, EGAN, DeVORE, TOOKEY, GARRETT, FLYNN, DeHOOG, and SHORR, Judges.

Defendant appeals a judgment of conviction for unlawful possession of methamphetamine, ORS 475.894. He assigns error to the trial court's denial of his motion to suppress evidence obtained as a result of a law enforcement officer's warrantless patdown of his clothing. Defendant contends that the court erred when it determined that the...

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