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STATE v. COOPER

91-2249-C; CA A72530.

880 P.2d 514 (1994)

130 Or. App. 209

STATE of Oregon, Respondent, v. Mark K. COOPER, Appellant.

Court of Appeals of Oregon.

Decided September 7, 1994.

Review Denied November 1, 1994.

Attorney(s) appearing for the Case

James N. Varner, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Thomas H. Denney, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

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

PER CURIAM.

Defendant appealed from his conviction for assault in the fourth degree. We reversed his conviction based on the trial court's failure to exclude a witness designated by the state as its representative. State v. Cooper, 120 Or.App. 490, 852 P.2d 948 (1993). On review, the Supreme Court reversed. State v. Cooper, 319 Or. 162,

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