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STATE v. VILLEMEYER

C053849CR, A134723.

205 P.3d 49 (2009)

227 Or. App. 193

STATE of Oregon, Plaintiff-Respondent, v. Walter David VILLEMEYER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 1, 2009.

Attorney(s) appearing for the Case

Bronson D. James, Chief Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

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

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and DEITS, Judge pro tempore.

SCHUMAN, P.J.

Defendant was convicted of delivery and possession of a controlled substance, both as commercial drug offenses, after his motion to suppress evidence was denied. On appeal, he renews the argument he made to the trial court that police officers discovered the drugs as the result of an unlawful stop. The parties agree that the interaction between police and defendant was, in fact, a stop, and they agree that the evidence was discovered because of that...

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