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STATE v. SWARTZENDRUBER

(GA91-0019; CA A71550).

853 P.2d 842 (1993)

120 Or. App. 552

STATE of Oregon, Respondent, v. Lee T. SWARTZENDRUBER, Appellant.

Court of Appeals of Oregon.

Decided June 2, 1993.

Attorney(s) appearing for the Case

M. Chapin Milbank, Salem, argued the cause and filed the brief for appellant.

Youlee Yim You, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

ROSSMAN, Presiding Judge.

The primary issue in this case is whether evidence seized in violation of Article I, section 9, of the Oregon Constitution may be considered in a sentencing hearing. We have previously held that it may. State v. Campbell, 43 Or.App. 979, 607 P.2d 745 (1979). In the light of State ex rel Juv. Dept. v. Rogers, 314 Or. 114, ...

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