Opinion
01CR0006; A115098.
Submitted on record and briefs May 1, 2003.
Filed: June 12, 2003.
Appeal from Circuit Court, Curry County, Richard K. Mickelson, Judge.
Meredith Allen, Deputy Public Defender, filed the brief for appellant. With her on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.
Douglas F. Zier, Assistant Attorney General, filed the brief for respondent. With him on the brief was Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN, Judges.
PER CURIAM.
Reversed and remanded for new trial.
Defendant appeals his convictions for possession and distribution of a controlled substance, arguing that the police officer did not have reasonable grounds to request defendant's consent to a search of his home under the conditions of defendant's parole on another offense. See State v. Gulley, 324 Or. 57, 921 P.2d 396 (1996); State v. Guzman , 164 Or. App. 90, 990 P.2d 370 (1999), rev den, 331 Or. 91 (2000). The state concedes error, and we agree.
Reversed and remanded for new trial.