Opinion
96556, 96557A; CA A47238 (Control), A47239 (Cases Consolidated)
Argued and submitted July 15, 1988
Judgment vacated; remanded for findings of fact and entry of order January 4, 1989
Appeal from the District Court, Washington County, Mark Gardner, Judge.
Laura Graser, Portland, argued the cause and filed the brief for appellant.
Russell H. Conrow, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Brenda J Peterson, Assistant Attorney General, Salem.
Before Richardson, Presiding Judge, Joseph, Chief Judge, and Warren, Judge.
PER CURIAM
Judgment vacated; remanded for findings of fact and entry of an order or judgment consistent therewith.
Defendant appeals his conviction for driving under the influence of intoxicants and driving with a suspended driver's license, contending that the trial court erred in denying his pretrial motion to suppress evidence. The trial court denied the motion without making findings of fact or an explanation, and we cannot review the claim of error. See State v. Wise, 305 Or. 78, 81, 749 P.2d 1179 (1988). Consequently, we vacate the judgment and remand for fact findings on the motion to suppress. State v. Wise, supra; see also State v. Raygoza, 90 Or. App. 473, 475-76, 752 P.2d 1253 (1988).
Judgment vacated; remanded for findings of fact and entry of an order or judgment consistent therewith.