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STATE v. SANTACRUZ-BETANCOURT

97C-20097; CA A97271.

969 P.2d 1040 (1998)

157 Or. App. 26

STATE of Oregon, Appellant, v. Lucian SANTACRUZ-BETANCOURT, Respondent.

Court of Appeals of Oregon.

Decided November 4, 1998.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Irene B. Taylor, Deputy Public Defender, argued the cause for respondent. With her on the brief were Sally L. Avera, Public Defender.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

WARREN, Presiding Judge.

The state appeals the trial court's order suppressing evidence. Defendant was charged with two counts of unlawful delivery of a controlled substance and three counts of possession of a controlled substance. ORS 475.992. We reverse and remand.

The facts are uncontroverted. On January 20, 1997, James Schroeder was assisting an elderly couple with their heating system in their West Salem home. Schroeder testified that he was talking to...

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