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STATE v. PINE

980736296; A105917.

45 P.3d 151 (2002)

181 Or. App. 105

STATE of Oregon, Respondent, v. Todd Anthony PINE, Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted March 6, 2002.

Decided April 24, 2002.

Attorney(s) appearing for the Case

Monica L. Finch, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Public Defender.

Brendan C. Dunn, 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 DEITS, Presiding Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER, and BREWER, Judges, and CENICEROS, Senior Judge.

Resubmitted En Banc March 6, 2002.

PER CURIAM.

Affirmed by an equally divided court.

WOLLHEIM and EDMONDS, JJ., concur.

HASELTON and ARMSTRONG, JJ., dissent.

WOLLHEIM, J., concurring.

Defendant appeals from a judgment of conviction for assault in the third degree (assault III), ORS 163.165, and assigns error to the trial court's instruction to the jury that it could convict defendant of assault III if it found that he had "aided...

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