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STATE v. BUMGARNER

03CR1425FE; A126264.

209 P.3d 857 (2009)

229 Or. App. 92

STATE of Oregon, Plaintiff-Respondent, v. Kevin Mitchell BUMGARNER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 10, 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 WOLLHEIM, Presiding Judge, and ARMSTRONG, Judge, and SERCOMBE, Judge.

PER CURIAM.

The state petitions this court to reconsider its decision in State v. Bumgarner, 219 Or.App. 617, 184 P.3d 1143, rev. den., 345 Or. 175, 190 P.3d 1237 (2008), cert. den., ___ U.S. ___ 129 S.Ct. 927, 173 L.Ed.2d 112 (2009). In Bumgarner, we affirmed defendant...

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