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126 Or. App. 456

State v. Stewart

Court of Appeals of Oregon

Decided February 23, 1994

Court of Appeals of Oregon · decided 1994-02-23

Cited by 1 later decisions — most recently November 1995

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1994-02-23

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RIGGS, J.

¶1The state seeks reconsideration of our opinion in State v. Stewart, 123 Or App 147, 859 P2d 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 P2d 623 (1993). Accordingly, we modify the opinion to withdraw the paragraph in which we considered that assignment.

¶2Reconsideration allowed; opinion modified and adhered to as modified.

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