State v. Downes

This is an appeal from a judgment of conviction for criminal activity in drugs. The defendant assigns as error the denial of his motion to suppress marihuana found in his automobile as evidence. Particularly, the defendant asserts as error the refusal of the trial court to grant a hearing on the motion.

The proceeding below was held pursuant to Lane County Circuit Court Rule 7.015 which provides:

“(1) All motions to suppress evidence must be accompanied by an affidavit or affidavits on behalf of the defendant setting forth all facts within his knowledge upon which he intends to rely in support…