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STATE v. BLACK

A172621.

509 P.3d 192 (2022)

318 Or. App. 651

STATE of Oregon, Plaintiff-Respondent, v. Johnathan Richard BLACK, Defendant-Appellant.

Court of Appeals of Oregon.

March 30, 2022.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Morgen E. Daniels , Deputy Public Defender, Office of Public Defense Services, for petition.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Jordan R. Silk , Assistant Attorney General, for petition.

Before James, Presiding Judge, and Lagesen, Chief Judge, and Kistler, Senior Judge.

Defendant and the state both seek reconsideration of our prior decision in this matter, State v. Black, 317 Or.App. 181, 504 P.3d 691 (2022), where we reversed and remanded for the trial court to evaluate whether defendant is entitled to a new trial under the reasoning in State v. Hightower, 368 Or. 378, 387, 491 P.3d 769 (2021...

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