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STATE v. DVORAK

10-91-05868, CA A72752.

863 P.2d 1314 (1993)

124 Or. App. 578

STATE of Oregon, Respondent, v. James Russel DVORAK, Appellant.

Court of Appeals of Oregon.

Decided November 17, 1993.

Reconsideration Denied January 19, 1994.

Attorney(s) appearing for the Case

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Jonathan H. Fussner, Asst. Atty. Gen., for motion.

No appearance contra.

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

On Respondent's Motion for Reconsideration September 22, 1993.

De MUNIZ, Judge.

On the state's motion for reconsideration of our opinion, 121 Or.App. 626, 855 P.2d 1148 (1993), we allow the motion and modify our opinion.

Defendant was convicted of burglary in the first degree and attempted rape in the first degree, arising from the same...

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