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STATE v. ALWINGER

06C50666; A137479.

236 P.3d 755 (2010)

236 Or. App. 240

STATE of Oregon, Plaintiff-Respondent, v. Joshua ALWINGER, Defendant-Appellant.

Court of Appeals of Oregon.

Respondent's Response to Petition for Reconsideration October 22, 2009.

Decided July 14, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Robin A. Jones, Senior Deputy Public Defender, Office of Public Defense Services, for petition.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Anna M. Joyce, Assistant Attorney General, for response.

Before LANDAU, Presiding Judge, and ORTEGA, 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, State v. Alwinger, 231 Or.App. 11, 217 P.3d 692 (2009), we affirmed the trial court's imposition of a legislatively prescribed 300-month prison term on a conviction for unlawful sexual penetration...

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