State v. Canfield

In State v. Canfield, 251 Or App 442, 283 P3d 438 (2012), we rejected defendant’s argument that inculpatory evidence was seized after an unlawful stop. Defendant petitions for reconsideration and urges us to change our affirmance of the trial court to a reversal and remand. The state, for its part, acknowledges that our opinion resulted from an erroneous understanding of the facts and, for that reason, we should allow the petition for reconsideration, but contends that we should nonetheless let stand our earlier disposition on alternative grounds. We agree with defendant. We therefore allow…