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STATE v. COTA

Nos. C81-01-30768, C81-01-30911; CA A23491, CA A23492.

675 P.2d 1101 (1984)

66 Or. App. 650

STATE of Oregon, Respondent, v. Jeffrey Dale COTA, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted in banc September 9, 1983.

Decided January 25, 1984.

Reconsideration Denied March 9, 1984.

Attorney(s) appearing for the Case

David Lawrence Olstad, Portland, argued the cause and filed the brief for appellant.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

GILLETTE, Judge.

Defendant appeals his convictions on three counts of possession of a controlled substance, ORS 475.992(4), and one count of delivery of a controlled substance. ORS 475.992(1). Two of the possession counts are based on evidence discovered when police officers were executing a warrant for defendant's arrest at his residence. He contends that the trial court erred in denying his motion to suppress that evidence, because the search of his home violated...

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