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STATE v. HERRING

(94-10-37307; CA A90186).

984 P.2d 954 (1999)

163 Or. App. 117

STATE of Oregon, Respondent, v. Michael Devon HERRING, Appellant.

Court of Appeals of Oregon.

Decided September 22, 1999.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

PER CURIAM.

At oral argument, the state conceded that none of the alleged predicate offenses could be used to support the racketeering conviction. See State v. Harris, 157 Or.App. 119, 967 P.2d 909 (1998). We accept the state's concession.

Reversed and remanded with instructions to vacate...

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