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STATE v. JONES

10 88 06275; CA A61548.

826 P.2d 17 (1992)

111 Or.App. 382

STATE of Oregon, Respondent, v. John Ray JONES, Appellant.

Court of Appeals of Oregon, In Banc.

Decided February 12, 1992.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, and Ingrid A. MacFarlane, Deputy Public Defender, for petition.

On Appellant's Petition for Reconsideration December 23, 1991.

PER CURIAM.

Defendant has petitioned for review of our decision. 109 Or.App. 235, 818 P.2d 1286 (1991). Treating the petition as one for reconsideration, ORAP 9.15, we grant reconsideration and withdraw the decision.

On the basis of Wells v. Peterson, 111 Or.App. 171,

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