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STATE v. STEWART
Oregon Court of Appeals.
Oct 20, 1993
Important Paras
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Landau. J., not participating; Durham, J. pro tempore.
RIGGS, J.
Reconsideration allowed; opinion modified and adhered to as modified.
RIGGS, J.
The state seeks reconsideration of our opinion in State v. Stewart, 123 Or. App. 147, 859 P.2d 545 (1993), because the last two paragraphs of the opinion are inconsistent with one another. The state is correct. Defendant's last assignment of error was not preserved. State v. Farmer, 317 Or. 220, 224, 856 P.2d 623 (1993). Accordingly, we modify the opinion to withdraw the paragraph in which we considered that assignment.
Reconsideration allowed; opinion modified and adhered to as modified.
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