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STATE v. HARDT

85-0290; CA A37992.

730 P.2d 1278 (1986)

83 Or.App. 221

STATE of Oregon, Appellant, v. Daniel Kaye HARDT, Respondent.

Court of Appeals of Oregon.

Decided December 31, 1986.

Reconsideration Denied February 20, 1987.

Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., Salem, Virginia L. Linder, Sol. Gen., and Jonathan H. Fussner, Asst. Atty. Gen., Salem, for the petition.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

On Appellant's Petition for Reconsideration November 19, 1986.

YOUNG, Judge.

The state petitions for reconsideration, see ORAP 10.10(1), of our decision in State v. Hardt, 81 Or.App. 607, 726 P.2d 953 (1986). The state argues (1) that we misread City of Pendleton v. Standerfer, 297 Or. 725, 688 P.2d 68

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