State v. Miller

The state seeks review of a Court of Appeals decision reversing defendant’s convictions for drug manufacturing. The Court of Appeals reversed defendant’s convictions reasoning, in part, that (1) on appeal, the state had conceded that defendant was placed under arrest when first restrained; and (2) at a pretrial hearing, the deputy sheriff who arrested defendant had testified that he lacked probable cause for the arrest. State v. Miller, 211 Or App 667, 156 P3d 125 (2007). For the reasons that follow, we now reverse the Court of Appeals decision and remand this case to that court for further…