800 P.2d 1091
C88-10-37114; CA A61338Oregon Court of Appeals.Argued and submitted October 31, 1990.
Reversed and remanded for new trial December 5, 1990
Appeal from Circuit Court, Multnomah County, William J. Keys, Judge.
Lawrence J. Hall, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.
Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Richardson, Presiding Judge, and Newman and Deits, Judges.
PER CURIAM
Reversed and remanded for new trial.
Page 529
PER CURIAM
Defendant appeals the trial court’s denial of his motion to suppress evidence seized in a search of his person. The search involved is the same one that we reviewed in State v. Yoakum, 104 Or. App. 291, 799 P.2d 1150 (1990), and concluded was unlawful. Accordingly, the trial court erred in denying defendant’s motion to suppress.
Reversed and remanded for a new trial.
Page 530
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