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STATE v. SULLIVAN

07P3334; A138325.

230 P.3d 100 (2010)

235 Or. App. 177

STATE of Oregon, Plaintiff-Respondent, v. James Lane SULLIVAN, Defendant-Appellant.

Court of Appeals of Oregon.

On Appellant's Response to State's Petition for Reconsideration March 23, 2010.

Decided April 28, 2010.

Attorney(s) appearing for the Case

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Leigh A. Salmon, Assistant Attorney General, for petition.

Peter Gartlan, Chief Defender, and Eric Johansen, Senior Deputy Public Defender, Office of Public Defense Services, for response.

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

PER CURIAM.

The state petitions for reconsideration of our decision in State v. Sullivan, 234 Or.App. 38, 227 P.3d 1186 (2010), asserting that the court made a factual error that led to an erroneous remand for resentencing.

On reconsideration, we agree with the state that the opinion contains a typographical error, and accordingly, make one modification to the recitation of facts...

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