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STATE v. BIGHOUSE

C033240CR, C040163CR, C041507CR; A126980 (Control); A126981; A126982.

196 P.3d 538 (2008)

223 Or. App. 261

STATE of Oregon, Plaintiff-Respondent, v. Richard Carl BIGHOUSE, aka Richard Earl Bighouse, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted En Banc July 1, 2008.

Decided October 22, 2008.

Affirmed Without Opinion January 9, 2008.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Office of Public Defense Services, and Tammy W. Sun, Deputy Public Defender, Legal Services Division, for petition.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges, and RIGGS, Senior Judge.

ARMSTRONG, J.

Defendant petitions for reconsideration in this case in which we affirmed his convictions without opinion, State v. Bighouse, 217 Or.App. 428, 175 P.3d 1028 (2008). For the reasons below, we allow reconsideration, withdraw our former opinion, and remand for resentencing.

Defendant appeals after being convicted of encouraging child sexual abuse in the second degree, ORS 163.686; identity theft, ORS 165.800 (2003);1

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