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STATE v. GONZALES

C072951CR; A138187.

243 P.3d 116 (2010)

238 Or. App. 541

STATE of Oregon, Plaintiff-Respondent, v. Richard Chaves GONZALES, Defendant-Appellant.

Court of Appeals of Oregon.

Appellant's Response to Petition for Reconsideration September 14, 2010.

Decided November 10, 2010.

Attorney(s) appearing for the Case

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Linda Wicks , Assistant Attorney General, for petition.

Peter Gartlan , Chief Defender, and Marc D. Brown , Deputy Public Defender, Office of Public Defense Services, for response.

Before ROSENBLUM, Presiding Judge, and BREWER, Chief Judge, and DEITS, Senior Judge.

ROSENBLUM, P.J.

The state petitions for reconsideration of our decision in State v. Gonzales, 236 Or.App. 391, 236 P.3d 834 (2010), in which we reversed the trial court's denial of defendant's motion to suppress and remanded for a new trial. The state argues that we erroneously narrowed the scope of remand, precluding the state from raising additional issues in opposition to the motion...

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