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STATE v. SMITH

C991426CR; A110289.

80 P.3d 145 (2003)

190 Or. App. 576

STATE of Oregon, Respondent, v. Rocky Devon SMITH, Appellant.

Court of Appeals of Oregon.

Petition for Reconsideration September 19, 2003.

Resubmitted November 5, 2003.

Decided November 19, 2003.

Attorney(s) appearing for the Case

Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Robert M. Atkinson, Assistant Attorney General, for petition.

Ingrid A. MacFarlane, Senior Deputy Public Defender, and Office of Public Defense Services, contra.

Before DEITS, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, BREWER, and ORTEGA, Judges.

On Respondent's Petition for Reconsideration June 12, 2003.

Appellant's Response to Petition for Reconsideration September 19, 2003.

Resubmitted en banc November 5, 2003.

EDMONDS, J.

The state petitions for reconsideration of our decision in this case. State v. Smith, 187 Or.App. 562, 69 P.3d 787 (2003). We grant the petition and remand to the trial court for a hearing...

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