State v. Guayante

Defendant was convicted of robbery in the first degree. ORS 164.395. He argues that the trial court erred in denying his motion to suppress and in refusing to admit certain evidence which he offered at the suppression hearing. We reverse.

Whitsell, an acquaintance of defendant, contacted the Springfield police in the early morning of December 4, 1981, and reported that defendant had assaulted and robbed Wolfe, an elderly man confined to a wheelchair. Whitsell, defendant and Wolfe had been drinking together in Wolfe’s apartment the evening of December 3. During that evening Whitsell and…