Opinion
No. C81-02-31261, CA A22389
Argued and submitted February 19, 1982, former decision ( 56 Or. App. 396, 643 P.2d 424 (1982)) withdrawn,
Reversed and remanded for new trial January 26, 1983 Reconsidertion denied March 4, 1983 Petition for review allowed April 26, 1983 ( 294 Or. 792) See 295 Or. 567, 669 P.2d 320 (1983)
Appeal from Circuit Court, Multnomah County, Pat Dooley, Judge.
Gary D. Babcock, Public Defender, and J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for appellant.
Dave Frohnmayer, Attorney General, William F. Gary, Solicitor General, and Stephen F. Peifer, Assistant Attorney General, Salem, argued the cause for respondent.
Before Gillette, Presiding Judge, Joseph, Chief Judge, and Young, Judge.
PER CURIAM
Former decision, 56 Or. App. 396, 643 P.2d 424 (1982), withdrawn. Reversed and remanded for new trial.
On March 8, 1982, we affirmed without opinion defendant's convictions in Multnomah County, for robbery in the second degree, ORS 164.405, and kidnapping in the second degree, ORS 163.225. 56 Or. App. 396, 643 P.2d 424 (1982). Thereafter, we held in State v. Wolfe, 61 Or. App. 409, 657 P.2d 227 (1983), that the search and seizure involved in that case and in this case was unlawful and reversed defendant's convictions for first degree rape and second degree kidnapping. We then recalled the decision in this case to enable us to review the record. On reviewing the record and on reconsideration, we withdraw our former decision and hold that the search and seizure in the present case was unlawful for the reasons stated in State v. Wolfe, supra.
Former decision withdrawn. Reversed and remanded for a new trial.