FILED: August 9, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

MICHAEL BENJAMIN SMITH,

Appellant.

03C-42765; A122446

Appeal from Circuit Court, Marion County.

Paul J. Lipscomb, Judge.

On respondent's petition for reconsideration filed May 25, 2006. Opinion filed February 1, 2006. 204 Or App 113, 129 P3d 208, rev den, 304 Or 484.

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

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Motion for relief from default granted; reconsideration allowed; former disposition withdrawn; affirmed.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