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STATE v. STEPHENS

No. C7807-11349; CA 14286.

623 P.2d 1076 (1981)

50 Or.App. 595

STATE of Oregon, Respondent, v. James Tyrone STEPHENS, Appellant.

Court of Appeals of Oregon, In Banc.

Decided February 18, 1981.

Attorney(s) appearing for the Case

John R. McCulloch, Jr., Sol. Gen., William F. Gary, Deputy Sol. Gen., and Scott McAlister, Asst. Atty. Gen., Salem, for petition.

On Respondent's Petition for Reconsideration Filed August 20, 1980.

GILLETTE, Judge.

In our prior decision in this case, State v. Stephens, 47 Or.App. 305, 614 P.2d 1180 (1980), we reversed and remanded the revocation of defendant's probation based upon evidence seized in a search of his person and his house because, as we viewed the evidence, the search was conducted pursuant to...

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