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STATE v. MILLER

No. B42-243; CA 9597.

585 P.2d 772 (1978)

36 Or.App. 641

STATE of Oregon, Respondent, v. Karen Lynn MILLER, Appellant.

Court of Appeals of Oregon, In Banc.

October 30, 1978.

Attorney(s) appearing for the Case

Ellen F. Rosenblum, Eugene, argued the cause and filed the brief for appellant.

Carol J. Molchior, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

GILLETTE, Judge.

In her petition for rehearing on our decision affirming her conviction for resisting arrest and assault,1 defendant suggests that a portion of our opinion was based upon an incorrect factual premise and should therefore be reconsidered. Specifically, defendant questions that portion of our opinion dealing with her second and third assignments of error. 35 Or. App. at 211-214, 582 P.2d 1378

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