State v. Miller

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. These assignments concerned a question on cross-examination and the admission in evidence of a tape recording made by one of the arresting officers on the evening in question. We said,

"The tape recording was admitted to…