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STATE v. PENNINGTON

559 P.2d 915 (1977)

28 Or.App. 331

STATE of Oregon, Respondent, v. Demoris PENNINGTON, Appellant.

Court of Appeals of Oregon.

Decided January 31, 1977.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FORT and TANZER, JJ.

TANZER, Judge.

This is an appeal by the defendant from his conviction of robbery in the first degree. He assigns as error the denial of his motion to suppress as evidence the fruits of a search of his vehicle. He also assigns as error the refusal of the trial court to allow him to file a late notice of intention to rely upon the defense of alibi.

At about 3:15 a.m. on December 8, 1975, the Portland police radio described two cars which were "acting suspicious...

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