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STATE v. RUDDER

93NB1223; CA A82625, DCR93-13043; CA A83199.

903 P.2d 393 (1995)

137 Or. App. 43

STATE of Oregon, Appellant, v. Samuel Robert RUDDER, Respondent. STATE of Oregon, Respondent, v. Robert Leland WEBB, Jr., Appellant.

Court of Appeals of Oregon.

Reargued May 31, 1995.

Argued on Reconsideration May 31, 1995.

Decided September 27, 1995.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Andy Simrin, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Eric M. Cumfer, Deputy Public Defender, argued the cause for appellant. With him on the briefs was Sally L. Avera, Public Defender.

Janie M. Burcart, Assistant Attorney General, and Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. On the briefs were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General.

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

De MUNIZ, Judge.

The state moves for reconsideration of our decision in State v. Rudder, 133 Or.App. 174, 889 P.2d 1367 (1995), on the ground that there has been a change in the statutes since our decision. ORAP 6.25(d). We allow reconsideration. The state requested oral argument on its motion for reconsideration. Defendant Rudder and defendant Webb then requested that State v. Webb...

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