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STATE v. ZAMORA-MARTINEZ

C051006CR; A129382.

150 P.3d 25 (2006)

210 Or. App. 22

STATE of Oregon, Respondent, v. Juan Jose ZAMORA-MARTINEZ, Appellant.

Court of Appeals of Oregon, En Banc.

Motion to Dismiss Appeal October 27, 2005.

Resubmitted July 12, 2006.

Decided December 20, 2006.

Attorney(s) appearing for the Case

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

Stephanie Hortsch, Deputy Public Defender, contra.

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

On Respondent's Motion to Dismiss Appeal October 24, 2005.

Appellant's Response to State's Motion to Dismiss Appeal October 27, 2005.

Resubmitted En Banc July 12, 2006.

EDMONDS, J.

The state moves to dismiss defendant's pending appeal in this case under ORAP 8.05(3). That rule provides:

"If a defendant in a criminal case, a petitioner in a post-conviction relief proceeding, a plaintiff in a habeas corpus proceeding, a petitioner in...

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