Opinion
139,979; 140,318; CA A29426
Argued and submitted March 28, 1984 Reversed and remanded April 11, 1984 Reconsideration denied June 15, 1984
Petition for review withdrawn June 26, 1984
Appeal from Circuit Court, Marion County.
Robert B. McConnville, Judge.
Margaret E. Rabin, Assistant Attorney General, Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.
David E. Groom, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Before Gillette, Presiding Judge, and Joseph, Chief Judge, and Van Hoomissen, Judge.
PER CURIAM
Reversed and remanded for trial.
In this criminal case the trial court's order suppressing statements made by defendant to the police, and the fruits derived therefrom, is reversed. See State v. Burdick, 57 Or. App. 601, 643 P.2d 351 (1982); State v. Oakes, 19 Or. App. 284, 527 P.2d 418 (1974).
Reversed and remanded for trial.