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STATE v. KELLY

07048406C; A135971.

211 P.3d 932 (2009)

229 Or. App. 461

STATE of Oregon, Plaintiff-Appellant, v. John Christopher KELLY, Defendant-Respondent.

Court of Appeals of Oregon.

On Respondent's Petition for Reconsideration May 6, 2009.

Decided July 8, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Rebecca Duncan, Assistant Chief Defender, Office of Public Defense Services, for petition.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.

LANDAU, P.J.

Defendant petitions for reconsideration of our decision in this case on the ground that there has been a subsequent change in the relevant case law. ORAP 6.25(1)(d). In our prior decision, we concluded that the trial court erred in granting defendant's motion to suppress. State v. Kelly, 227 Or.App. 553, 206 P.3d 1098 (2009). Defendant was convicted of driving while under the...

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