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STATE v. STEWART

10-90-07017C; CA A71065.

868 P.2d 794 (1994)

126 Or. App. 456

STATE of Oregon, Respondent, v. Matthew Wayne STEWART, Appellant.

Court of Appeals of Oregon, In Banc.

Decided February 23, 1994.

Attorney(s) appearing for the Case

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Janet A. Metcalf, Asst. Atty. Gen., for motion.

Jesse Wm. Barton, Deputy Public Defender, contra.

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

RIGGS, Judge.

The state seeks reconsideration of our opinion in State v. Stewart, 123 Or.App. 147, 859 P.2d 545 (1993), because the last two paragraphs of the opinion are inconsistent with one another. The state is correct. Defendant's last assignment of error was not preserved. State v. Farmer, 317...

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