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STATE v. CUNNINGHAM

C930434CR; A87792

57 P.3d 149 (2002)

184 Or.App. 292

STATE of Oregon, Respondent, v. Bradly Morris CUNNINGHAM, Sr., Appellant.

Court of Appeals of Oregon.

Decided October 16, 2002.

Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Robert M. Atkinson, Assistant Attorney General, for respondent's petition.

No appearance contra.

Before HASELTON, Presiding Judge, and EDMONDS and WOLLHEIM, Judges.

On Respondent's Petition for Reconsideration April 10, 2002.

HASELTON, P.J.

The state petitions for reconsideration of our decision in State v. Cunningham, 179 Or.App. 359, 40 P.3d 1065 (2002), in which we reversed defendant's conviction for murder, ORS 163.115, and remanded for a new trial. We grant reconsideration but reject the state's arguments and adhere to our disposition...

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