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STATE v. NGUYEN

040532737, A127563.

206 P.3d 1219 (2009)

228 Or. App. 241

STATE of Oregon, Plaintiff-Respondent, v. Tuan Anh NGUYEN, Defendant-Appellant.

Court of Appeals of Oregon.

On Respondent's Petition for Reconsideration March 19, 2009.

Attorney(s) appearing for the Case

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Paul L. Smith, Assistant Attorney-in-Charge, for petition.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

PER CURIAM.

Based on Oregon v. Ice, ___ U.S. ___, 129 S.Ct. 711, 172 L.Ed.2d 517 (2009), the state petitions for reconsideration of our decision in this case. State v. Nguyen, 221 Or.App. 440, 190 P.3d 462 (2008). For the reasons that follow, we allow reconsideration, modify our prior opinion and adhere to it as modified, withdraw our prior disposition...

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