FILED: July 26, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

ROBERT LAMONT MCCLAIN,

Appellant.

03C-52209; A124626

Appeal from Circuit Court, Marion County.

Joseph C. Guimond, Judge.

On respondent's petition for reconsideration filed May 26, 2006, and appellant's response to the state's petition for reconsideration filed June 1, 2006. Opinion filed August 31, 2005. 201 Or App 358, 118 P3d 854.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Erika L. Hadlock, Assistant Solicitor General, for petition.

Jamesa J. Drake, 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Motion for relief from default granted; reconsideration allowed; former disposition withdrawn; affirmed.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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