State v. Silva

*442EDMONDS, P. J.

Defendants Silva and Harris are charged in the same indictment with first-degree burglary, ORS 164.225, and first-degree theft, ORS 164.055. The state appeals from pretrial orders suppressing evidence, including evidence obtained from the search of a duffel bag that was on the back seat of the car that Silva was driving and in which Harris was a passenger.1 ORS 138.060(3). We affirm.

Under State v. Ehly, 317 Or 66, 75, 854 P2d 421 (1993), we are bound by the trial court’s findings of historical fact if there is constitutionally sufficient evidence to support them. “If findings of…