Court of Appeals of Oregon, 1990

State v. Fortune

State v. Fortune
Court of Appeals of Oregon · Decided December 5, 1990 · Deits, Newman, Richardson
104 Or. App. 528; 800 P.2d 1091; 1990 Ore. App. LEXIS 1659

State v. Fortune

Opinion of the Court

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 P2d 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.

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