State v. Calvert

Defendant appeals a judgment of conviction, following a trial on stipulated facts, for one count of possession of a controlled substance. Former ORS 475.992 (2003), renumbered as ORS 475.840 (2005). Defendant assigns error to the trial court’s denial of her motion to suppress evidence obtained during a traffic stop. We conclude that, although defendant’s claim of error is unpreserved, the error is apparent on the face of the record under State v. Hall, 339 Or 7,115 P3d 908 (2005). We exercise our discretion to correct the error and reverse and remand.

We review the denial of a motion to…