State v. Fesler

*611GILLETTE, J.

In this criminal case we affirmed without opinion defendant’s conviction for possession of a controlled substance when it was first before us. State v. Fesler, 58 Or App 389, 650 P2d 1097 (1982). The Supreme Court thereafter accepted review and remanded the case for reconsideration in light of State v. Caraher, 293 Or 741, 653 P2d 942 (1982). 294 Or 77, 653 P2d 959 (1982). Since then, the Supreme Court has made clear its determination, first expressed in Caraher, to decide search and seizure cases primarily under the Oregon Constitution and to reach federal issues only if the…