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STATE v. SMITH

070230679; A138276.

270 P.3d 382 (2012)

247 Or. App. 624

STATE of Oregon, Plaintiff-Respondent, v. Gary SMITH, aka Gary Smith, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 25, 2012.

Attorney(s) appearing for the Case

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Tiffany Keast , Assistant Attorney General, for petition.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

BREWER, C.J.

The state petitions for reconsideration of our decision in State v. Smith, 236 Or.App. 5, 237 P.3d 853 (2010), arguing that our conclusion that defendant's consent to a search of his person was invalid is erroneous in light of the Supreme Court's overriding analysis in State v. Ashbaugh, 349 Or. 297, 244 P.3d 360

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