Opinion
C87-06-32983; CA A46596
Argued and submitted July 20, 1988
Orders vacated; remanded April 5, 1989
Appeal from the Circuit Court, Multnomah County, Clifford B. Olsen, Judge.
Margaret E. Rabin, Assistant Attorney General, Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Sally L. Avera, Deputy Public Defender, Salem, argued the cause for respondent. With her on the brief was Gary D. Babcock, Public Defender, Salem.
Before Richardson, Presiding Judge, and Deits and Riggs, Judges.
PER CURIAM
Order of dismissal and order granting motion to suppress vacated; remanded for findings on existing record and entry of order consistent therewith.
The state appeals the trial court's granting of defendant's motion to suppress evidence obtained during a search incident to an arrest. The issue is whether the arresting officer had probable cause to make the arrest. The trial court granted the motion without making findings of fact, and we cannot review the claim of error. See State v. Wise, 305 Or. 78, 82 n 2, 749 P.2d 1179 (1988); State v. Brown, 94 Or. App. 567, 765 P.2d 1241 (1989). Accordingly, we vacate the order of dismissal and remand for findings on the motion to suppress.
Order of dismissal and order granting motion to suppress vacated; remanded for findings on the existing record and entry of an order consistent therewith.