STATE v. STOWERS

9302-31323; CA A80649.

902 P.2d 117 (1995)

136 Or. App. 448

STATE of Oregon, Respondent, v. Darryl Anthony STOWERS, Appellant.

Court of Appeals of Oregon.

Decided September 6, 1995.


Attorney(s) appearing for the Case

Peter Gartlan, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Janie M. Burcart, Assistant Attorney General, argued the cause for respondent. On the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and R. Victoria Roe, Assistant Attorney General.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.


LANDAU, Judge.

Defendant appeals from a conviction for possession of a controlled substance. ORS 475.992. He assigns error to the trial court's denial of his motion to suppress evidence obtained in the course of his arrest for driving under the influence of intoxicants. We reverse and remand.

We take the facts from the trial court's findings. Officer Durbin stopped defendant for a traffic infraction; there is no dispute...

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