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STATE v. WILSON

920834764; A121457.

208 P.3d 523 (2009)

228 Or. App. 365

STATE of Oregon, Plaintiff-Respondent, v. Gregory Paul WILSON, Defendant-Appellant.

Court of Appeals of Oregon.

Respondent's Reply to Appellant's Response to Respondent's Petition for Reconsideration April 16, 2009.

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

Decided May 13, 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. On the reply were Jerome Lidz, Solicitor General, and Doug M. Petrina, Senior Assistant Attorney General.

Richard L. Wolf, Portland, for response.

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

PER CURIAM.

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. Wilson, 216 Or.App. 226, 173 P.3d 150 (2007). For the reasons that follow, we allow reconsideration, withdraw our former disposition, modify our former opinion in part and adhere to it as modified, and affirm.

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