FILED: August 2, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

BRYON SCOTT MOODY,
aka Brian Moody,

Appellant.

00FE0012; A116566

Appeal from Circuit Court, Crook County.

Gary S. Thompson, Judge.

On respondent's petition for reconsideration filed May 26, 2006, and appellant's response to the state's petition for reconsideration filed June 1, 2006. Opinion filed August 3, 2005. 201 Or App 58, 116 P3d 935.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jonathan H. Fussner, Attorney-In-Charge, Criminal Appeals Unit, for petition.

Jamesa J. Drake, Deputy Public Defender, for response.

Before Wollheim, Presiding Judge, and Edmonds and Linder, Judges.

PER CURIAM

Motion for relief from default granted; reconsideration allowed; former disposition withdrawn; affirmed. State v. Perez, 340 Or 310, 131 P3d 168 (2006); State v. Gornick, 340 Or 160, 130 P3d 780 (2006).


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