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STATE v. MEJIA

Nos. J79-2974; CA 17243.

630 P.2d 867 (1980)

48 Or.App. 961

STATE of Oregon, Respondent, v. Richard Ramos MEJIA, Appellant.

Court of Appeals of Oregon.

Decided October 27, 1980.

Attorney(s) appearing for the Case

James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem, for petition.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

Submitted on Respondent's Petition for Reconsideration September 15, 1980.

GILLETTE, Presiding Judge.

The state seeks reconsideration of our former opinion, 48 Or.App. 230, 616 P.2d 497, in this case, stating,

"POINT RELIED UPON FOR MODIFICATION "The Court of Appeals remanded this case for resentencing based upon the state's concession that, under State v. Perkins...

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