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LUNSFORD v. STATE

No. F-80-824.

652 P.2d 1243 (1982)

Josh Lee LUNSFORD, Jr., Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

October 27, 1982.

Attorney(s) appearing for the Case

Joseph E. McKimmey, Shawnee, for appellant.

Jan Eric Cartwright, Atty. Gen., Susan Talbot, Asst. Atty. Gen., Chief, Appellate Crim. Div., Oklahoma City, for appellee.

OPINION

CORNISH, Judge:

Josh Lunsford, Jr., was convicted on two counts of Burglary in the Second Degree, After Former Conviction of Two Felonies in Pottawatomie County District Court. Lunsford challenges the constitutionality of the police investigatory stop and subsequent arrest. We reverse.

The pivotal issue is whether the initial investigative stop of the appellant, Lunsford, by the Shawnee police can...

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