State v. Clarke

Defendant petitions for review of our decision that affirmed, without opinion, his convictions for robbery in the first degree, ORS 164.415, being a felon in possession of a firearm, ORS 166.270, and unlawful possession of a controlled substance. ORS 475.992(4). 109 Or App 219, 817 P2d 1358 (1991). We treat the petition as one for reconsideration, ORAP 9.15(1), and allow it.

On January 28, 1990, Springfield police received a report of an armed robbery at the West M Market. Defendant’s car was described as having been involved in the robbery. About an hour later, the police saw the car and…