FILED: July 28, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

ROBERT WAYNE THORPE,

Defendant-Appellant.

Jackson County Circuit Court
081806FE
A140099

Patricia Crain, Judge.

Argued and submitted on June 29, 2010.

Shawn E. Wiley argued the cause for appellant.� On the brief were Peter Gartlan, Chief Defender, and Carolyn Bys, Deputy Public Defender, Appellate Division, Office of Public Defense Services.

Jamie Contreras, Assistant Attorney General, argued the cause for respondent.� With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before Wollheim, Presiding Judge, and Brewer, Chief Judge, and Rosenblum, Judge.*

PER CURIAM

Reversed and remanded.

*Brewer, C. J., vice Carson, S. J.

PER CURIAM

Defendant appeals a judgment of conviction for possession of a controlled substance.� ORS 475.840(3)(b).� On appeal, defendant contends that the trial court erred in denying his motion to suppress evidence under Article I, section 9, of the Oregon Constitution.� He asserts that the police officer, who stopped defendant for riding his bicycle at night without a headlight, unlawfully extended the duration of the traffic stop when the officer, without reasonable suspicion, began questioning defendant about drugs and repeatedly asked for consent to search.� A discussion of the facts would not benefit the bench, the bar, or the public.� The state concedes that the stop was unlawfully extended.� See State v. Rodgers/Kirkeby, 347 Or 610, 227 P3d 695 (2010).� Based on our review of the record, we agree and accept the state's concession.� Cf. State v. Martusheff, 235 Or App 568, __ P3d __ (June 9, 2010) (accepting state's concession and reversing under similar circumstances).

Reversed and remanded.


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