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STATE v. BROWN

0200303CR; A125677.

149 P.3d 294 (2006)

209 Or. App. 699

STATE of Oregon, Respondent, v. Douglas Eugene BROWN, Appellant.

Court of Appeals of Oregon.

Decided December 13, 2006.

Attorney(s) appearing for the Case

Marc D. Brown, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Anna M. Joyce, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before SCHUMAN, Presiding Judge, and ORTEGA and ROSENBLUM, Judges.

SCHUMAN, P.J.

Defendant appeals a judgment of conviction for delivery of a controlled substance. Former ORS 475.992(1)(b) (2001), renumbered as ORS 475.840(1)(b) (2005). He assigns error to the trial court's denial of his motion to suppress evidence, asserting that the evidence was obtained as the result of an unlawful stop and an unlawful arrest following the stop. We agree with defendant that the evidence in question derived from an unlawful stop....

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