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STATE v. BAILEY

A164732.

479 P.3d 304 (2020)

307 Or. App. 782

STATE of Oregon, Plaintiff-Respondent, v. Xavier Lee BAILEY, Defendant-Appellant.

Court of Appeals of Oregon.

December 9, 2020.

Attorney(s) appearing for the Case

Kyle Krohn, Deputy Public Defender, argued the cause for appellant. Also on the brief was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Julia Glick, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before DeHoog, Presiding Judge, and DeVore, Judge, and Aoyagi, Judge.

Defendant entered a conditional guilty plea to unlawful possession of a firearm, ORS 166.250, reserving his right to appeal the trial court's denial of his motion to suppress evidence discovered in the course of an officer-safety search. On appeal, defendant contends that the officers who patted him down for weapons did not have a...

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