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STATE v. STEWART

10-91-06698; CA A74521.

859 P.2d 1200 (1993)

123 Or. App. 432

STATE of Oregon, Respondent, v. Wade Moore STEWART, Appellant.

Court of Appeals of Oregon.

Decided September 29, 1993.

Attorney(s) appearing for the Case

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Timothy A. Sylwester, Asst. Atty. Gen., Salem, for motion.

No appearance contra.

Before WARREN, P.J., and EDMONDS and DE MUNIZ, JJ.

On Respondent's Motion for Reconsideration July 20, 1993.

PER CURIAM.

We allow the state's motion for reconsideration of our decision in which we affirmed defendant's conviction for murder but remanded for resentencing. 120 Or.App. 245, 850 P.2d 1173 (1993).

Defendant was found guilty of murder in violation of ORS 163.115(1) based on stipulated facts. There was no agreement between the parties regarding dismissal of...

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