State v. Custer

Defendant appeals his convictions for possession of a controlled substance and unlawful possession of a destructive device. ORS 475.992(4)(b); ORS 166.382(1)(b). He argues that the trial court erred when, following remand from this court, State v. Custer, 126 Or App 431, 868 P2d 1363 (1994) (Custer I), it allowed the state to introduce evidence during retrial that Custer I held should have been suppressed. We agree that the trial court’s actions on remand were contrary to our holding and directions in Custer I. Accordingly, we reverse the convictions and remand for a new trial.

As in the first…