State v. Stewart
868 P.2d 794
Or. Ct. App.
1994
Check Treatment
RIGGS, J.

The 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.

Reconsideration allowed; opinion modified and adhered to as modified.