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STATE v. RODRIGUEZ

No. 77-01-00638; CA 9547.

587 P.2d 487 (1978)

37 Or.App. 355

STATE of Oregon, Respondent, v. David Rubin RODRIGUEZ, Appellant.

Court of Appeals of Oregon.

Resubmitted November 28, 1978.

Decided December 4, 1978.

Attorney(s) appearing for the Case

Marianne Oswald, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Resubmitted In Banc November 28, 1978.

JOSEPH, Judge.

Defendant appeals his conviction by a jury on charges of burglary in the second degree (ORS 164.215) and harassment. ORS 166.065. He assigns as error the denial of a motion to suppress evidence obtained as a result of an allegedly unlawful stop and a motion to suppress statements he made during a colloquy with the arresting police officer after he had invoked his right to remain silent.

Defendant...

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