STATE v. DAWSON, 84 Or. App. 138 (1987)

733 P.2d 461

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

C84-07-33033; CA A36323Oregon Court of Appeals.Submitted on remand from the Oregon Supreme Court January 5, 1987.
Affirmed February 25, reconsideration denied April 10, petition for review allowed May 5, 1987 (303 Or. 370). See later issue Oregon Reports

On remand from the Oregon Supreme Court, Stat v. Dawson, 302 Or. 322, 728 P.2d 866 (1986).

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

Laura Graser, Portland, for appellant.

Dave Frohnmayer, Attorney General, Salem, James E. Mountain, Jr., Solicitor General, and Linda DeVries Grimms, Assistant Attorney General, for respondent.

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

PER CURIAM

Affirmed.

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PER CURIAM

This case was remanded to us from the Oregon Supreme Court, for reconsideration in light of State v. Owens, 302 Or. 196, 729 P.2d 524 (1986). In our first opinion, 77 Or. App. 306, 307, 713 P.2d 45 (1986), we held that the warrantless testing of the contents of a paperfold seized from defendant’s jacket was unlawful under Article 1, § 9 of the Oregon Constitution. That holding is wrong under Owens.

Affirmed.

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