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STATE OF OREGON, Respondent, v. JEFFREY DALE WARD, Appellant.

PER CURIAM.

Petition for reconsideration granted; former opinion withdrawn; conviction affirmed.

Roberts, J., dissenting opinion.

PER CURIAM.

The state seeks reconsideration on our former opinion, reported at 37 Or. App. 591, 588 P.2d 72 (1978). Upon reconsideration, we are now of the view that the dissenting opinion correctly analyzed the facts and the law. Accordingly, the petition for reconsideration is granted, our former opinion is withdrawn, the analysis of the dissent is adopted as the opinion of the court, and the defendant's conviction is affirmed.

ROBERTS, J., dissenting.

I would adhere to our former majority opinion, and so respectfully dissent.

Richardson and Buttler, JJ, join in this dissent.

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STATE v. WARD
(Jan 17, 1979)