State v. Ray

Defendant is charged with second-degree theft, ORS 164.045, based on the alleged unauthorized signing of a credit charge for merchandise at a hardware store. The state seeks reversal of a pretrial order suppressing evidence of “any identification of the defendant which occurred while the officer and the identifying witness were both present at defendant’s residence, as well as any subsequent in-court identification * * We reverse.

In July 1996, Robert Varley, who had an open account at Talent Ace Hardware, discovered that an unauthorized charge had been made on his account by someone named…