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STATE v. FRANZEN

No. A179028.

337 Or. App. 639 (2025)

STATE OF OREGON, Plaintiff-Respondent, v. DEREK JOHN FRANZEN, Defendant-Appellant.

Court of Appeals of Oregon.

February 5, 2025.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Carla E. Edmondson, Deputy Public Defender, Oregon Public Defense Commission, for petition.

Before Aoyagi, Presiding Judge, Joyce, Judge, and Kistler, Senior Judge.

KISTLER, S. J.

Defendant has petitioned for reconsideration of our decision in State v. Franzen, 336 Or.App. 97, 559 P.3d 919 (2024). He argues that the decision is factually incorrect in one respect. We allow the petition for reconsideration, modify our decision, and adhere to the decision as modified.

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