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STATE v. FERGUSON

000666FE; A116493.

105 P.3d 872 (2005)

197 Or. App. 384

STATE of Oregon, Appellant, v. William Joel FERGUSON, Respondent.

Court of Appeals of Oregon.

Decided February 2, 2005.

Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams. Solicitor General.

Jamesa J. Drake, Deputy Public Defender, argued the cause for respondent. With her on the briefs were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

ORTEGA, J.

The state appeals the trial court's suppression of evidence and dismissal of this criminal case in which defendant was charged with possession, delivery, and manufacture of a controlled substance. ORS 475.992. As explained below, we conclude that the state invited any error in dismissing the case and that the failure of the state's challenge to the dismissal renders moot its arguments concerning the propriety of suppression. Accordingly, we affirm.

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