State v. Blank

FILED: December 13, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

DAVID ALAN BLANK,

Appellant.

03FE0138; A124596

Appeal from Circuit Court, Jefferson County.

Daniel Ahern, Judge.

Submitted on record and briefs October 6, 2006.

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Joshua B. Crowther, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, filed the brief for respondent.

Before Edmonds, Presiding Judge, and Linder and Wollheim, Judges.

PER CURIAM

Reversed and remanded.

PER CURIAM

Defendant appeals his judgment of conviction for possession of a Schedule II controlled substance, former ORS 475.992(4)(b) (2003), renumbered as ORS 475.840(3)(b) (2005), assigning error to the denial of his motion to suppress all evidence obtained as a result of a search of defendant's vehicle. Defendant argues that the evidence was obtained through an illegal search of the vehicle in violation of Article I, section 9, of the Oregon Constitution. The state concedes that, under State v. Hall, 339 Or 7, 115 P3d 908 (2005), which was decided after this trial, the trial court erred in denying the motion to suppress. We agree and accept the state's concession.

Reversed and remanded.