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STATE v. MORENO-ROSALES

D076303T; A139037.

227 P.3d 1219 (2010)

234 Or. App. 89

STATE of Oregon, Plaintiff-Respondent, v. Omar MORENO-ROSALES, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 3, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Irene B. Taylor, Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Doug M. Petrina, Senior Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

Defendant appeals a judgment of conviction for misdemeanor driving while suspended, ORS 811.182(4), assigning error to the trial court's denial of his pretrial motion to suppress. The state concedes that the trial court should have granted the motion to suppress. We agree and reverse and remand.

A police officer drove behind defendant's vehicle and, without any reason to do so, ran defendant's license plate number through the Department of Motor...

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