Opinion · Orlaw Oregon

STATE v. DAWSON, 77 Or. App. 306 (1986)

STATE OF Or., Appellant, v. TERRY JOE DAWSON, Respondent., 713 P.2d 45 (Or. Ct. App. 1986)

Type: Opinion
Court: Orlaw Oregon
Jurisdiction: Orlaw
Date: 1986-01-22
Topic: general

STATE v. DAWSON, 77 Or. App. 306 (1986) 713 P.2d 45 STATE OF OREGON, Appellant, v. TERRY JOE DAWSON, Respondent. C84-07-33033; A36323Oregon Court of Appeals.Argued and submitted December 17, 1985.

Citator

UpLaw has not yet analyzed STATE v. DAWSON, 77 Or. App. 306 (1986). The absence of a flag is not a finding that it is good law.

STATE v. DAWSON,77 Or. App. 306(1986)

713 P.2d 45

STATE OF OREGON,Appellant,v. TERRY JOE DAWSON,Respondent.

C84-07-33033; A36323

Oregon Court of Appeals.

Argued and submitted December 17, 1985.

Reversed and remanded for new trial January 22, 1986.

Reconsideration denied March 28, 1986.

Petition for review denied July 29, 1986 (301 Or. 445).

Appeal from Circuit Court, Multnomah County, Irving M. Steinbock, Judge.

Laura Graser, Portland, argued the cause and filed the brief for appellant.

Linda DeVries Grimms, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.

Before Gillette, Presiding Judge, and Van Hoomissen and Young, Judges.

PER CURIAM

Reversed and remanded for new trial.Page 307

PER CURIAM

The seizure of cocaine from defendant's jacket was proper. Its subsequent warrantless testing was not.See State v.Westlund,75 Or. App. 43,705 P.2d 208,rev allowed300 Or. 332(1985).

Reversed and remanded for a new trial.Page 308