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STATE v. FERGUSON

000666FE; A116493.

119 P.3d 794 (2005)

201 Or. App. 261

STATE of Oregon, Appellant, v. William Joel FERGUSON, Respondent.

Court of Appeals of Oregon.

June 2, 2005.

Decided August 17, 2005.

Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Douglas F. Zier, Assistant Attorney General, for petition.

Jamesa J. Drake, Deputy Public Defender, Office of Public Defense Services, for response.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

On appellant's petition for reconsideration March 16, 2005.

Respondent's response filed June 2, 2005.

ORTEGA, J.

The state petitions for reconsideration of our decision in State v. Ferguson, 197 Or.App. 384, 105 P.3d 872 (2005), on the ground that it is in conflict with statements made in two prior opinions of this court: State v. Williams, 161 Or...

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