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STATE v. STONE

C060369CR, A133795.

196 P.3d 95 (2008)

223 Or. App. 724

STATE of Oregon, Plaintiff-Respondent, v. Sarah Lee STONE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 12, 2008.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services, argued the cause and filed the brief for appellant.

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 WOLLHEIM, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

WOLLHEIM, P.J.

Defendant appeals a judgment of conviction for possession of a controlled substance, assigning error to the trial court's denial of her motion to suppress evidence discovered during a traffic stop. The state concedes that the trial court erred. As explained below, we agree and accept the state's concession; accordingly, we reverse and remand.

The relevant facts are undisputed. At 2:17 a.m., a Washington County deputy sheriff, Bowman, stopped...

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