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STATE v. ALLEN

C002847CR and C011876CR; A117220 (Control) and A117851.

123 P.3d 331 (2005)

202 Or. App. 565

STATE of Oregon, Respondent, v. Samuel James ALLEN, Appellant.

Court of Appeals of Oregon.

Petition for Reconsideration August 3, 2005.

Petition for reconsideration September 8, 2005.

Decided November 16, 2005.

Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Doug M. Petrina, Assistant Attorney General, for petition and reply.

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Jamesa J. Drake, Deputy Public Defender, Office of Public Defense Services, contra.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

On Respondent's Petition for Reconsideration April 20, 2005.

Response to Respondent's Petition for Reconsideration August 3, 2005.

Reply to Response to Petition for reconsideration September 8, 2005.

LINDER, J.

The state petitions for reconsideration of our decision in State v. Allen, 198 Or.App. 392, 108 P.3d 651 (2005), in which we reversed and remanded for resentencing...

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