STATE v. PENNEY

10-86-01197; CA A41833.

742 P.2d 660 (1987)

87 Or.App. 357

STATE of Oregon, Respondent, v. Darin Reed PENNEY, Appellant.

Court of Appeals of Oregon.

Decided September 9, 1987.


Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

Defendant appeals his conviction on two counts of possession of a controlled substance. He assigns as error the trial court's denial of his motion to suppress evidence that he contends was seized after an unlawful stop. We reverse.

Officer Shadwick testified that, at about 2 a.m., he saw defendant walking through an alley away from Eugene's downtown pedestrian mall. When his patrol car came into defendant's view, defendant turned around and...

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