State v. Castro

Defendant appeals a judgment of conviction for one count each of possession and manufacturing a controlled substance. ORS 475.992(1), (4). He contends that the trial court erred in denying his motion to controvert information in an affidavit supporting the issuance of a search warrant for his residence and in denying a motion to suppress evidence obtained pursuant to that warrant. We conclude that the trial court did not err in denying the motion to controvert, but that it did err in denying the motion to suppress. We therefore reverse and remand.

The relevant facts are not disputed. In April…