State v. Dorey

A jury convicted defendant of criminal conspiracy, robbery in the first degree, and felony murder. ORS 161.450; ORS 164.415; ORS 163.115(1)(b)(G). He appeals, assigning as error the denial of his motion to suppress. We vacate the judgment and remand.

The trial court did not, as it should have, make findings of historical fact. State v. Wise, 305 Or 78, 81-82, 749 P2d 1179 (1988). The facts that we state are undisputed, unless we note otherwise.

In the early morning hours of September 10, 1987, two men robbed a gas station. During the robbery, one of them shot and killed a store clerk. A .303…