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STATE v. BAILEY

90CR0974FE; CA A66034.

865 P.2d 503 (1993)

125 Or. App. 548

STATE of Oregon, Respondent, v. Robert Albert BAILEY, Appellant.

Court of Appeals of Oregon.

Decided December 22, 1993.

Reconsideration February 16, 1994.

Attorney(s) appearing for the Case

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Jas. Adams, Asst. Atty. Gen., for the petition.

Sally L. Avera, Public Defender, and Steven V. Humber, Deputy Public Defender, contra.

Prior report: 116 Or.App. 14, 840 P.2d 107.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.

On Respondent's Motion for Reconsideration October 14, 1993.

PER CURIAM.

Reconsideration allowed; opinion withdrawn; affirmed. State v. Lippert, 317 Or. 397, 856 P.2d 634 (1993); State v. Bunn, 116 Or.App. 6, 840 P.2d 106, on recon. 125 Or.App. 419,

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