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STATE v. HUNTER

C86-02-30901; CA A40750.

740 P.2d 234 (1987)

86 Or.App. 697

STATE of Oregon, Respondent, v. Patrick Lynn HUNTER, Appellant.

Court of Appeals of Oregon.

Decided August 5, 1987.

Reconsideration Denied September 25, 1987.

Review Allowed October 27, 1987.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and Stephen J. Williams, Deputy Public Defender, Salem, for petition.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

On Appellant's Petition for Reconsideration May 4, 1987.

WARDEN, Presiding Judge.

Defendant was convicted of robbery in the first degree. We affirmed, 84 Or.App. 563, 735 P.2d 28 (1987), and defendant petitions for reconsideration. ORAP 10.10. We allow reconsideration, withdraw our former decision and reverse.

The only issue presented is whether a car in which defendant was riding with his brother was legally stopped. A police officer can stop and...

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