People v. Snow

On Motion for Rehearing

In this cause a motion for rehearing, a motion to withhold, expunge and stay opinion is filed by the people and the defendant having filed an answer to both motions and Judge Levin and Judge *522Bronson having issued an order denying both motions and the writer feeling compelled to dissent: I would order that the motion for rehearing be granted and that the motion to stay publication of the opinion until after the rehearing and a decision thereon be also granted.

The reasons for my dissent are: (1) the majority opinion in the ease improperly applies the law set forth in the…