State v. Smith

Defendant appeals his conviction for possession of a controlled substance, assigning as error, first, the court’s denial of defendant’s motion to suppress evidence, and, second, the court’s consideration, in imposing sentence, of defendant’s decision to stand trial rather than enter a plea.

As to the suppression issue we have considered only the facts presented at the suppression hearing. Without detailing those facts here, we conclude defendant’s consent to search was voluntary, and, therefore, the court’s denial of the motion was proper. State v. Kennedy, 290 Or 493, 506, 624 P2d 99 (1981).

De…