FILED: June 17, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

RAMON ARTURO ESCALDERON,

Petitioner,

v.

BOARD OF PAROLE AND POST-PRISON SUPERVISION,

Respondent.

Board of Parole and Post-Prison Supervision
A134364

On petitioner's petition for reconsideration filed April 29, 2009, and respondent's response to petition for reconsideration filed May 7, 2009.  Affirmed without opinion April 15, 2009.  227 Or App 506, ___ P3d ___.

Peter Gartlan, Chief Defender, and Elizabeth Corbridge Ranweiler, Deputy Public Defender, Legal Services Division, Office of Public Defense Services, for petition.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Kristen G. Williams, Assistant Attorney General, for response.

Before Edmonds, Presiding Judge, and Brewer, Chief Judge, and Sercombe, Judge.

PER CURIAM

Reconsideration allowed; prior disposition adhered to.

PER CURIAM

Petitioner seeks reconsideration of our decision in Escalderon v. Board of Parole and Post-Prison Supervision, 227 Or App 506, ___ P3d ___ (2009), asserting that we improperly awarded costs to respondent.  We allow reconsideration and, based on Blacknall v. Board of Parole, 223 Or App 294, 196 P3d 20 (2008), rev allowed, 346 Or 65 (2009), adhere to the original result in this case.

Reconsideration allowed; prior disposition adhered to.


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