FILED: July 26, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

JOHN DEE PHIPPS,

Appellant.

200311366, 200316390;
A123497 (Control), A123498
(Cases Consolidated)

Appeal from Circuit Court, Lane County.

Mary Ann Bearden, Judge.

On respondent's petition for reconsideration filed May 25, 2006, and appellant's response to respondent's petition for reconsideration filed June 1, 2006. Opinion filed August 31, 2005. 201 Or App 397, 118 P3d 850.

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

Tammy W. Sun, Deputy Public Defender, Office of Public Defense Services, for response.

Before Landau, Presiding Judge, and Schuman 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Motion for relief from default granted; reconsideration allowed; former disposition withdrawn; affirmed.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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