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STATE v. JONES

8812-38230; CA A60852.

796 P.2d 670 (1990)

103 Or.App. 123

STATE of Oregon, Respondent, v. Richard JONES, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted June 6, 1990.

Decided August 15, 1990.

Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause, for appellant. With her on brief, was Sally L. Avera, Acting Public Defender, Salem.

Jas. Adams, Asst. Atty. Gen., Salem, argued the cause, for respondent. With him on brief, were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

Resubmitted In Banc June 6, 1990.

ROSSMAN, Judge.

Defendant appeals his conviction for possession of a controlled substance, ORS 475.992, in a trial on stipulated facts after his motion to suppress was denied. He assigns as error the trial court's refusal to suppress evidence seized after he was arrested for public indecency. ORS 163.465. We vacate the judgment and remand.

On November 28, 1988, at approximately 1 a.m., while on routine patrol in the...

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