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STATE v. BIGHOUSE

Nos. C033240CR, C040163CR, C041507CR, A126980 (Control), A126981, A126982.

209 P.3d 356 (2009)

228 Or. App. 528

STATE of Oregon, Plaintiff-Respondent, v. Richard Carl BIGHOUSE, aka Richard Earl Bighouse, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Decided May 20, 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 BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges.

PER CURIAM.

The state seeks reconsideration of our decision in State v. Bighouse, 223 Or.App. 261, 196 P.3d 538 (2008). In Bighouse, we affirmed defendant's convictions but remanded for resentencing. The state now contends that, in light of Oregon v. Ice, 555 U.S. ___, 129 S.Ct. 711, 172 L.Ed.2d 517...

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