State v. Stewart

Full title: STATE OF OREGON, Respondent, v. MATTHEW WAYNE STEWART, Appellant

Court: Oregon Court of Appeals

Date published: Oct 20, 1993

126 Or. App. 456 (Or. Ct. App. 1993)

868 P.2d 794

Opinion

10-90-07017C; CA A71065

On respondent's motion for reconsideration filed October 20, 1993, reconsideration allowed; opinion ( 123 Or. App. 147, 859 P.2d 545 (1993)) modified and adhered to as modified February 23, 1994, petition for review allowed July 5, 1994 ( 319 Or. 281) See later issue Oregon Reports

Appeal from Circuit Court, Lane County, Kip W. Leonard, Judge.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Janet A. Metcalf, Assistant Attorney General, for motion.

Jesse Wm. Barton, Deputy Public Defender, contra.

In Banc^_

_ 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.