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STATE v. JACOBUS

CC C88-10-38136; CA A61294; SC S38216.

864 P.2d 861 (1993)

318 Or. 234

STATE of Oregon, Respondent on Review, v. Stanley Edward JACOBUS, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided December 30, 1993.

Attorney(s) appearing for the Case

Peter Gartlan, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the petitions was Sally L. Avera, Public Defender.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the response to the petition were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

GRABER, Justice.

Defendant was charged with unlawful possession of a controlled substance, ORS 475.992. Before trial, he moved to suppress the state's evidence on the ground that he had been stopped and searched unlawfully. The trial court denied the motion. Thereafter, the trial court found defendant guilty and entered a judgment of conviction. On defendant's appeal, the Court of Appeals affirmed. State v. Jacobus, 106 Or.App. 496

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