Opinion
02C52140; A122736.
Submitted on record and brief June 3, 2005.
Reversed and remanded for new trial July 13, 2005.
Appeal from Circuit Court, Marion County. Richard D. Barber, Judge.
James N. Varner filed the brief for appellant.
Douglas F. Zier, Assistant Attorney General, filed the brief for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Before Edmonds, Presiding Judge, and Wollheim and Schuman, Judges.
PER CURIAM
Reversed and remanded for new trial.
Defendant appeals a conviction for possession of a controlled substance. ORS 475.992. She argues that the trial court erred in denying her motion to suppress evidence that police officers found after arresting her for violating the terms of her probation. The state concedes that the officers did not have objective probable cause to believe that defendant had violated the terms of her probation. We agree and therefore reverse the conviction.
Reversed and remanded for new trial.