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STATE v. REAL

93CR-0064; CA A79330.

886 P.2d 501 (1994)

131 Or. App. 737

STATE of Oregon, Respondent, v. Frank Raymond REAL, Appellant.

Court of Appeals of Oregon.

Decided December 14, 1994.

Attorney(s) appearing for the Case

David C. Degner, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Diane S. Lefkow, Asst. Atty. Gen., argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen. and Virginia L. Linder, Sol. Gen.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

HASELTON, Judge.

Defendant appeals his convictions for three counts of perjury, ORS 162.065,1 arising from his testimony during a suppression hearing. We reverse the conviction on the first count because of insufficiency of evidence, ORS 162.115, and otherwise affirm.

On November 29, 1992, Oregon State Police trooper Walter Markee stopped a car in which defendant was a passenger. Markee asked to search the car, and both the driver...

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