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STATE v. SIERRA

(TC 05C40355; CA A136120; SC S057794).

247 P.3d 759 (2011)

349 Or. 604

STATE of Oregon, Respondent on Review, v. Joaquin SIERRA, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Considered and Under Advisement January 26, 2011.

Decided February 19, 2011.

Attorney(s) appearing for the Case

Michael A. Casper , Assistant Attorney General, Salem, filed the petition for reconsideration. With him on the petition were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

No appearance contra.

DURHAM, J.

The state seeks reconsideration of this court's opinion in State v. Sierra, 349 Or. 506, ___ P.3d ___ (2010). We allow the petition for reconsideration, modify our earlier opinion as described below, and, as modified, adhere to that opinion.

In this case, a jury convicted defendant of a number of crimes, including one count of kidnapping in the first degree and two counts of kidnapping in the second degree. On review, defendant challenged...

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