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STATE v. BARGER

(CC 200721991, 200801740; CA A138678 (Control), A138679; SC S058345).

253 P.3d 1030 (2011)

350 Or. 233

STATE of Oregon, Respondent on Review, v. Barry Lowell BARGER, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Considered and Under Advisement March 30, 2011.

Decided April 21, 2011.

Attorney(s) appearing for the Case

Erika L. Hadlock , Senior Assistant Attorney General, Salem, filed the petition for reconsideration. With her on the petition were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

No appearance contra.

PER CURIAM.

The state seeks reconsideration of this court's opinion in State v. Barger, 349 Or. 553, 247 P.3d 309 (2011). We allow the petition for reconsideration, modify our earlier opinion as described below, and, as modified, adhere to that opinion.

In this case, the court consolidated the review of two separate Lane County Circuit Court cases. In one, Case No. 200801740, defendant...

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