Opinion
MC 83-2164; CA A30898
Submitted on remand from Oregon Supreme Court ( 299 Or. 608, 705 P.2d 192) September 16, 1985.
Reversed and remanded December 26, 1985.
Appeal from District Court, Coos County, Charles H. Reeves, Judge.
Dwight Ronald Gerber, Florence, appeared for appellant.
Robert M. Atkinson, Assistant Attorney General, Salem, appeared for respondent. With him were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
Reversed and remanded.
Reversed and remanded for a hearing on the issue of the timeliness of the filing of defendant's motion to suppress and, if it was timely filed, for a hearing on the merits of the motion. See State v. Hilborn, 299 Or. 608, 705 P.2d 192 (1985).