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209 Or. App. 351

State v. Jones

Court of Appeals of Oregon

Decided November 15, 2006

Court of Appeals of Oregon · decided 2006-11-15

Applies OR 166 § 166.270

Decided 2006-11-15

PER CURIAM

¶1Defendant appeals a judgment of conviction for felon in possession of a firearm. ORS 166.270. He assigns error to the trial court’s denial of his motion to suppress evidence obtained as a result of a police officer’s warrantless entry into defendant’s house. The state concedes that, under State v. Hall, 339 Or 7, 115 P3d 908 (2005), the trial court erred. In fairness to the trial court, it should be pointed out that Hallhad not yet been decided when the court ruled on defendant’s motion, and, under the law at that time, it is debatable whether the court erred. Nevertheless, in light of Hall, it is clear that defendant’s motion should have been granted.

¶2Reversed and remanded.

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