State v. Real

Defendant appeals his convictions for three counts of perjury, ORS 162.065,1 arising from his testimony during a suppression hearing. We reverse the conviction on the first count because of insufficiency of evidence, ORS 162.115, and otherwise affirm.

On November 29,1992, Oregon State Police trooper Walter Markee stopped a car in which defendant was a passenger. Markee asked to search the car, and both the driver, Morales, and defendant consented. During the search, Markee found two bricks of marijuana, weighing approximately two pounds, sealed in two plastic baggies which were, in turn,…