State v. Davenport

• Court: Oregon Court of Appeals
• Area(s) of Law: Appellate Procedure
• Date Filed: 11-18-2015
• Case #: A149453
• Judge(s)/Court Below: Duncan, P.J.; Haselton, C.J.; & Schuman, S.J. Per Curiam.

A typographical error did not affect the Court’s reasoning or disposition; therefore, reconsideration was allowed to correct the error and the opinion was adhered to as modified.

In State v. Davenport, the Court held the trial court erred in denying Defendant’s motion to suppress evidence obtained by warrantless search of Defendant’s pocket. The State sought reconsideration due to a factual error in the Court’s opinion concerning the officer’s weight, which was incorrectly cited as 255 rather than 155 pounds. The Court held the typographical error did not affect the reasoning or disposition of the opinion. Reconsideration allowed; former opinion modified and adhered to as modified.

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