FILED: December 8, 2004

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

JON MICHAEL HANEY,

Appellant.

00CR0978MI; A116614

Appeal from Circuit Court, Douglas County.

Robert Millikan, Judge.

On respondent's petition for reconsideration filed September 28, 2004. Opinion filed September 15, 2004. 195 Or App 273, 97 P3d 1211 (2004).

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Daniel J. Casey, Assistant Attorney General, for petition.

Before Landau, Presiding Judge, and Brewer, Chief Judge and Armstrong, Judge.

ARMSTRONG, J.

Reconsideration allowed; former opinion modified and adhered to as modified.

ARMSTRONG, J.

The state has petitioned for reconsideration, arguing that we erred in describing the manner in which the administrative search issue arose in this case. Although there is no transcript of the suppression hearing, we are now convinced that the issue was discussed at the suppression hearing and did not first arise in the court's letter opinion in which it explained its decision to deny defendant's suppression motion. We modify our previous opinion accordingly. However, our conclusion on this point does not affect the result in the case because we conclude that defendant adequately preserved the issues raised on appeal. We therefore adhere to our opinion as modified.

Reconsideration allowed; former opinion modified and adhered to as modified.


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