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STATE v. PATRICK

578 P.2d 807 (1978)

34 Or.App. 17

STATE of Oregon, Appellant, v. Michael Robert PATRICK, Respondent. State of Oregon, Appellant, v. GERALD GENE SPINNEY, Respondent. State of Oregon, Appellant, v. CLIFFORD CONNORTON, Respondent.

Court of Appeals of Oregon, In Banc.

Petition for Reconsideration February 15, 1978.

Attorney(s) appearing for the Case

James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, for petition.

No appearance contra.

On Appellants' Petition for Reconsideration February 15, 1978.

SCHWAB, Chief Judge.

In our former opinion we noted that the trial court was "clearly in error on the merits," but stated that we could reach the question only as to State v. Connorton (CA 8203), which we reversed and remanded. See State v. Patrick, 32 Or.App. 35, 37, 573 P.2d 1259

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