STATE v. LUCY

No. C 79-09-33309; CA 16762.

619 P.2d 670 (1980)

49 Or.App. 285

STATE of Oregon, Respondent, v. Clifford Earl LUCY, Appellant.

Court of Appeals of Oregon.

Decided November 17, 1980.


Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

William F. Gary, Deputy Sol. Gen., Salem, argued the cause for respondent. On the brief were James M. Brown, Atty. Gen., Walter L. Barrie, Sol. Gen., and Christian W. Van Dyke, Asst. Atty. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.


ROBERTS, Judge.

Defendant was found guilty of robbery in the first degree, ORS 164.415, arising out of an incident on the night of September 19, 1979, when three men entered Stan's Market in northeast Portland, threatened the store clerk with a knife, tied him up in a back room and took $110 from the cash register. He assigns as error the trial court's failure to suppress evidence obtained from a search of his apartment several days after his arrest. We affirm.

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