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STATE v. BURNS/KENNEY

Oregon Court of Appeals.

Sep 11, 1991

Judgment

Subsequent
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PER CURIAM

Defendants have petitioned for review of our decision. 107 Or. App. 380, 812 P.2d 837 (1991). We treat the petition as one for reconsideration, ORAP 9.15, and allow it. For reasons explained in State v. Morrison/Bartee, 108 Or. App. 766, 816 P.2d 1217 (1991), we modify our decision, vacate defendants' convictions and remand for further proceedings as directed in State v. Morrison/Bartee, supra.

In our per curiam opinion, we said:

"The facts of this case are set out in State v. Morrison/Bartee, 107 Or. App. 343, 812 P.2d 832 (1991), and the law and the result are the same." 107 Or App at 381.

Petition for reconsideration allowed; opinion modified; convictions vacated; remanded for further proceedings not inconsistent with this opinion.