STATE v. RIVERA-NEGRETE

CR0502388; A136282.

224 P.3d 702 (2009)

233 Or. App. 96

STATE of Oregon, Plaintiff-Appellant, v. Luis Manuel RIVERA-NEGRETE, aka Luis Manual Rivera-Negrete, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 30, 2009.


Attorney(s) appearing for the Case

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

Laura A. Frikert, Deputy Public Defender, argued the cause for respondent. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and RIGGS, Senior Judge.


ORTEGA, J.

During a traffic stop, defendant, a passenger in the stopped vehicle, aroused the suspicion of a police officer. The officer eventually asked defendant to get out of the vehicle and submit to a patdown. Defendant initially complied with the officer's request, but a physical altercation began shortly after the officer began the patdown. After the officer subdued defendant, the officer retrieved drug paraphernalia, a firearm, and a forged social security...

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