FILED: August 2, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

SAMUEL JAMES ALLEN,

Appellant.

C002847CR, C011876CR; A117220 (Control), A117851
(Cases Consolidated)

Appeal from Circuit Court, Washington County.

Suzanne M. Upton, Judge.

On respondent's petition for reconsideration filed May 25, 2006, and appellant's response to the state's petition for reconsideration filed June 1, 2006. Opinion filed March 16, 2005. 202 Or App 565, 123 P3d 331.

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, Office of Public Defense Services, for response.

Before Haselton, Presiding Judge, and Linder and Ortega, 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Motion for relief from default granted; reconsideration allowed; former disposition withdrawn; affirmed.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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