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STATE v. BOONE

CR020193B; A120775.

169 P.3d 1274 (2007)

215 Or. App. 428

STATE of Oregon, Plaintiff-Respondent, v. David Albert BOONE, Defendant-Appellant.

Court of Appeals of Oregon.

Petition for Reconsideration October 1, 2007.

Decided October 17, 2007.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Services Division, and Anne Fujita Munsey, Senior Deputy Public Defender, Office of Public Defense Services, for petition.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Paul L. Smith, Assistant Attorney-in-Charge, for response.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

On Appellant's Petition for Reconsideration July 11, 2007.

Respondent's Response to appellant's Petition for Reconsideration October 1, 2007.

BREWER, C.J.

Defendant has moved for reconsideration of our opinion in State v. Boone, 213 Or.App. 242, 160 P.3d 994 (2007), on the ground that the opinion contains a factual error. We grant reconsideration, modify and clarify our...

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