State v. Miller

After being charged with first degree robbery, ORS 164.415, and being an ex-convict in possession of a concealable firearm, ORS 166.270, defendant moved to suppress evidence seized during a search of his person and automobile. The state moved for an order summarily denying the motion on the ground that the motion was vague and conclusory. The trial court agreed with the state and, without holding an evidentiary hearing on the motion, denied it. Defendant was convicted on both charges and now appeals, claiming it was error to not afford him an evidentiary hearing on his motion to suppress.

This…