State v. Desirey

Defendant petitions for review of our decision, 97 Or App 588, 778 P2d 515 (1989), affirming the trial court without opinion. We treat the petition as one for reconsideration, ORAP 10.10, and allow it.

Defendant was charged with possession of a controlled substance and filed a motion to suppress evidence. However, she failed to appear on October 14, 1987, the date that the motion was to be heard. In response, the trial court struck the motion and issued a bench warrant for her arrest. Defendant subsequently appeared on October 27, 1987, and received a continuance. On November 4, 1987, she…