FILED: August 2, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

COREY WAYNE SPIKES,

Appellant.

040654; A124921

Appeal from Circuit Court, Lincoln County.

Thomas O. Branford, Judge.

On respondent's petition for reconsideration filed May 25, 2006, and appellant's response to the state's petition for reconsideration filed May 31, 2006. Opinion filed October 12, 2005. 202 Or App 229, 120 P3d 1258.

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

David O. Ferry, Deputy Public Defender, Office of Public Defense Services, for response.

Before Haselton, Presiding Judge, and Armstrong and Rosenblum, 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Motion for relief from default granted; reconsideration allowed; former disposition withdrawn; affirmed.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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