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STATE v. WESTBROOK

2004-23125, 2004-23277, 2005-05744, 2004-23624, 2005-05745, 2005-07054; A128352 (Control), A128353, A128354, A129155, A129156, A129157.

199 P.3d 343 (2008)

224 Or. App. 493

STATE of Oregon, Plaintiff-Respondent, v. John Dwight WESTBROOK, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 24, 2008.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Mary Shannon Storey, Deputy Public Defender, Office of Public Defense Services, for petition.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and RIGGS, Senior Judge.

HASELTON, P.J.

Defendant petitions for reconsideration of our decision in State v. Westbrook, 221 Or.App. 433, 190 P.3d 437 (2008), arguing that its rationale is not consistent with the Oregon Supreme Court's decision in State v. Hagberg, 345 Or. 161, 190 P.3d 1209 (2008), which issued the day after our opinion issued...

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