State v. Guest

Defendant was convicted of delivery of a controlled substance, former ORS 475.992 (2003), renumbered as ORS 475.914 (2005). Although he pleaded guilty, the plea was conditional; as permitted by ORS 135.335(3), he reserved his right to appeal from the judgment in order to obtain appellate review of the trial court’s denial of his motion to suppress evidence. This is that appeal. Because we conclude that the trial court declined to resolve a conflict in the evidence that, had it been resolved in defendant’s favor, would have required suppression of the disputed evidence, we remand for further…