A131639 State v. Astorga

Case Date: 12/31/2008
Docket No: none

Download A143586 State v. Dalby.pdf

FILED: December 31, 2008

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

MARTIN ASTORGA,

Defendant-Appellant.

Washington County Circuit Court
C052987CR
A131639

Gayle Ann Nachtigal, Judge.

Submitted on June 11, 2008.

David E. Groom filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Christina M. Hutchins, Senior Assistant Attorney General, filed the brief for respondent.

Before Landau, Presiding Judge, and Schuman, Judge, and Ortega, Judge.

SCHUMAN, J.

Reversed and remanded.

SCHUMAN, J.

Defendant appeals a judgment of conviction for possession of methamphetamine, ORS 475.894, arguing that the evidence against him should have been suppressed because it derived from an encounter in which the police unlawfully stopped him.