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AVERY v. STATE

No. 4440.

616 P.2d 872 (1980)

David AVERY, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

September 26, 1980.

Attorney(s) appearing for the Case

Steven G. Marks, Asst. Public Defender, Juneau, Brian Shortell, Public Defender, Anchorage, for appellant.

David Mannheimer, Asst. Atty. Gen., Anchorage, Dean J. Guaneli, Asst. Atty. Gen., Daniel W. Hickey, Chief Prosecutor, Avrum M. Gross, Atty. Gen., Juneau, for appellee.

Before RABINOWITZ, C.J., CONNOR and MATTHEWS, JJ., and HODGES and JOHNSTONE, Superior Court Judges.

OPINION

PER CURIAM.

In 1975, David Avery was paroled from a fifteen year sentence imposed on his 1971 conviction of robbery. On August 14, 1977, Avery, while driving alone in his car, was pulled over for a routine traffic stop. He was arrested and placed in the back seat of the patrol car after a standard records check revealed outstanding traffic warrants. Avery, without indicating its exact location, asked one of the police officers to retrieve his wallet...

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