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STATE v. ICE

(CC 99C49779; CA A111668; SC S052248).

204 P.3d 1290 (2009)

346 Or. 95

STATE of Oregon, Respondent on Review, v. Thomas Eugene ICE, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided March 26, 2009.

Attorney(s) appearing for the Case

Ernest G. Lannet, Deputy Public Defender, Salem, filed the briefs for petitioner on review. With him on the briefs were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of the Public Defense Services.

Jonathan H. Fussner, Assistant Attorney General, Salem, filed the briefs for respondent on review. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

PER CURIAM.

The court's decision in State v. Ice, 343 Or. 248, 170 P.3d 1049 (2007), is modified. The decision of the Court of Appeals and the judgment of the circuit court are affirmed.

In State v. Ice, 343 Or. 248, 170 P.3d 1049 (2007), this court rejected defendant's contention that Article I, section 11, of the...

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