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STATE v. DENNY

556 P.2d 719 (1976)

27 Or.App. 455

STATE of Oregon, Respondent, v. Melvin David DENNY, Appellant.

Court of Appeals of Oregon.

Decided November 22, 1976.

Attorney(s) appearing for the Case

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE and TANZER, JJ.

TANZER, Judge.

Defendant was convicted of robbery in the first degree and, pursuant to ORS 166.230, given an enhanced penalty for committing a felony while armed with a concealable weapon, and appeals. He first assigns as error the denial of his motion to suppress evidence.

At 1:45 a.m. on November 21, 1975, the defendant and another1 robbed a Circle K market in Albany at gunpoint and...

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