¶2Peter Gartlan, Chief Defender, and Joshua B. Crowther, Deputy Public Defender, Legal Services Division, Office of Public Defense Services, filed the brief for appellant.
¶3Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Karla H. *623 Ferrall, Assistant Attorney General, filed the brief for respondent.
¶4Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.
¶5PER CURIAM.
¶6In this criminal case, defendant contends that the trial court erred by denying his motion to suppress evidence found during a search of his person during a traffic stop. He contends that the officer unlawfully extended the duration of the traffic stop by asking him questions unrelated to the stop instead of either citing him for the offense or terminating the stop. The state concedes that, under State v. Rodgers,219 Or.App. 366, 182 P.3d 209, rev. allowed,345 Or. 301, 194 P.3d 147 (2008), defendant is correct. We agree and accept the state's concession of error.
¶7Reversed and remanded.