State v. Deptuch

Defendant appeals his convictions for unlawful possession of a controlled substance, ORS 475.992(4) (b), conspiracy to deliver a controlled substance, ORS 475.992(l)(b), and unlawful possession of a weapon. ORS 166.250. He assigns error to the denial of his motion to suppress evidence relevant to all three counts, claiming that it was discovered as a result of an illegal stop, and to the giving of jury instructions pertaining to the conspiracy charge. We affirm the denial of the motion to suppress and reverse the conviction for conspiracy to deliver.

At approximately 11:40 p.m. on April 28,…