Opinion
C84-07-33033; A36323
Argued and submitted December 17, 1985.
Reversed and remanded for new trial January 22, 1986. Reconsideration denied March 28, 1986. Petition for review denied July 29, 1986 ( 301 Or. 445).
Appeal from Circuit Court, Multnomah County, Irving M. Steinbock, Judge.
Laura Graser, Portland, argued the cause and filed the brief for appellant.
Linda DeVries Grimms, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.
Before Gillette, Presiding Judge, and Van Hoomissen and Young, Judges.
PER CURIAM
Reversed and remanded for new trial.
The seizure of cocaine from defendant's jacket was proper. Its subsequent warrantless testing was not. See State v. Westlund, 75 Or. App. 43, 705 P.2d 208, rev allowed 300 Or. 332 (1985).
Reversed and remanded for a new trial.