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STATE v. FAUGHT

A171391.

477 P.3d 1226 (2020)

307 Or. App. 733

STATE of Oregon, Plaintiff-Appellant, v. Timothy Lewis FAUGHT, Defendant-Respondent.

Court of Appeals of Oregon.

December 2, 2020.

Attorney(s) appearing for the Case

Kirsten M. Naito , Assistant Attorney General, argued the cause for appellant. Also on the brief was Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

David A. Hill , Eugene, argued the cause and filed the brief for respondent.

Before Ortega, Presiding Judge, and Powers, Judge, and Kistler, Senior Judge.

In this criminal case, the state appeals from an order granting defendant's motion to suppress evidence seized from defendant's residence. The state argues that, because defendant failed to manifest an intent to exclude casual visitors from his residence, the trial court erred in concluding that the

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