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STATE v. LOPER

05CR0897; A130621.

172 P.3d 282 (2007)

216 Or. App. 328

STATE of Oregon, Plaintiff-Respondent, v. Russell Allen LOPER, aka Russell Allen Simmons, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 28, 2007.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Services Division, and Susan F. Drake, Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Anna M. Joyce, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

PER CURIAM.

Defendant appeals his conviction for possession of a controlled substance, former ORS 475.992 (2003), arguing that the trial court erred in denying his motion to suppress evidence. The evidence was discovered after defendant was detained for allegedly violating a condition of probation that he refrain from knowingly associating with persons who use or possess illegal controlled substances. The state concedes that the record contains no evidence...

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