FILED: January 4, 2007

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON

Respondent,

v.

ELMER BIGALOW COZAD, JR.,

Defendant-Appellant.

Coos County Circuit Court
02CR0825
A119560

ORDER VACATING COURT'S DECISION

On October 29, 2003, the court issued its decision affirming without opinion (190 Or App 397, 79 P3d 916). By order dated February 5, 2004, the court gave appellant's counsel leave to file a motion to vacate the court's decision. It does not appear that counsel filed a motion to vacate; however, in due course, this case was rebriefed and is now at issue.

The court on its own motion vacated its October 20, 2003, decision.

David V. Brewer,
Chief Judge


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