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STATE v. ROBERTI

TC T79-12-0348, CA 18838; SC 27840.

646 P.2d 1341 (1982)

293 Or. 236

STATE of Oregon, Respondent On Rehearing/Petitioner On Review, v. Gary Patrick ROBERTI, Petitioner On Rehearing/Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided June 22, 1982.

Attorney(s) appearing for the Case

J. Michael Alexander and Brown, Burt, Swanson, Lathen & Alexander, Salem, for petitioner.

No appearance contra.

Submitted on Respondent's Petition for Rehearing May 24, 1982.

LENT, Justice.

Upon defendant's petition for rehearing, Justice Roberts withdraws her former concurring opinion and joins in Justice Lent's former dissenting opinion, which had been joined by Justice Peterson. Justice Linde also joins in the former dissenting opinion of Justice Lent for the reasons stated in Justice Linde's former dissenting opinion. The result is that a majority of the court now...

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