FILED: August 2, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

DWAYNE ALLEN HUMBERT,

Appellant.

02C-50561; A124690

Appeal from Circuit Court, Marion County.

Joseph C. Guimond, Judge.

On respondent's petition for reconsideration filed May 30, 2006. Opinion filed January 4, 2006. 203 Or App 614, 125 P3d 1280.

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 Brewer, Chief Judge, and Wollheim, Judge.

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Motion for relief from default granted; reconsideration allowed; former disposition withdrawn; affirmed.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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