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STATE v. WHITLEY

No. 10-81-01522; CA A23320; SC 29304.

666 P.2d 1340 (1983)

295 Or. 455

STATE of Oregon, Respondent On Review, v. Nancy Ann WHITLEY, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided August 2, 1983.

Attorney(s) appearing for the Case

Michael V. Phillips, Eugene, argued the cause and filed the petition for petitioner on review.

Robert E. Barton, Asst. Atty. Gen., Salem, argued the cause for respondent on review.

PER CURIAM.

The defendant was indicted for arson in the first degree, ORS 164.325(1)(b). She was convicted of that charge in a jury trial. The Court of Appeals, 61 Or.App. 219, 655 P.2d 228 affirmed the conviction in a per curiam opinion remanding only for a hearing to determine the amount of attorney fees the defendant is required to pay. We allowed the defendant's petition for review.

The indictment stated in pertinent part...

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