State v. Gonzales

The state petitions for reconsideration of our decision in State v. Gonzales, 236 Or App 391, 236 P3d 834 (2010), in which we reversed the trial court’s denial of defendant’s motion to suppress and remanded for a new trial. The state argues that we erroneously narrowed the scope of remand, precluding the state from raising additional issues in opposition to the motion to suppress. We agree that the state is not precluded from raising those issues. Accordingly, we grant the state’s petition for reconsideration and modify our prior opinion.

In his motion to suppress, defendant argued that the…