Opinion
10-89-07380; CA A63725
Submitted on record and briefs January 17, 1991.
Reversed and remanded for new trial February 13, 1991
Appeal from Circuit Court, Lane County, Edwin E. Allen, Judge.
Sally L. Avera, Public Defender, and Peter Gartlan, Deputy Public Defender, Salem, filed the brief for appellant.
Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General, Salem, filed the brief for respondent.
Before Buttler, Presiding Judge, and Joseph, Chief Judge, and Rossman, Judge.
PER CURIAM
Reversed and remanded for new trial.
The state concedes that the trial court erred in failing to suppress evidence. We agree.
Reversed and remanded for a new trial.