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STATE v. BECKSTEAD

(95-1883CR; CA A98902)

994 P.2d 174 (1999)

164 Or. App. 538

STATE of Oregon, Respondent, v. John Edward BECKSTEAD, Appellant.

Court of Appeals of Oregon.

Decided December 29, 1999.

Attorney(s) appearing for the Case

Walter J. Ledesma, Deputy Public Defender, argued the cause for appellant. With him on the brief was Diane L. Alessi, Interim Public Defender.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before De MUNIZ, Presiding Judge, and DEITS, Chief Judge, and HASELTON, Judge.

DEITS, C.J.

Defendant appeals his conviction for Possession of a Controlled Substance II. ORS 475.992(4)(b). He was convicted on stipulated facts after his motion to suppress evidence was denied. He assigns error to that denial. We reverse.

The following facts are not in dispute. In 1993, defendant was charged and convicted of negotiating a bad check, ORS 165.065. The trial court ordered a deferred sentence on the condition that defendant obey all laws and...

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