State v. Gaunce

Defendant petitions for review of our decision that affirmed, without opinion, his conviction for possession of a controlled substance. 110 Or App 372, 822 P2d 762. We treat the petition as one for reconsideration, ORAP 9.15(1), and allow it. He contends that the trial court erred when it concluded that the police lawfully discovered contraband in his car during an inventory that followed his arrest. We vacate the judgment and remand for further proceedings.

In reviewing the trial court’s ruling, we are bound by its findings of historical fact that are supported by evidence in the record.…