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STATE v. LOFTIN

C053471CR; A132948.

206 P.3d 1208 (2009)

228 Or. App. 96

STATE of Oregon, Plaintiff-Respondent, v. Larry Wayne LOFTIN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 29, 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, Criminal Appeals, for petition.

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

HASELTON, P.J.

The state petitions, based on Oregon v. Ice, ___ U.S. ___, 129 S.Ct. 711, 172 L.Ed.2d 517 (2009), for reconsideration of our decision in this case. State v. Loftin, 218 Or.App. 160, 178 P.3d 312 (2008) (Loftin I). For the reasons that follow, we allow reconsideration, adhere to our prior opinion as modified, vacate our prior...

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