FILED: July 26, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

TIMOTHY DUANE ROSS,

Appellant.

03CR0143; A121410

Appeal from Circuit Court, Josephine County.

Allan H. Coon, Judge.

On respondent's petition for reconsideration filed May 16, 2006. Opinion filed December 8, 2004. 196 Or App 420, 102 P3d 755.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jonathan H. Fussner, Attorney-In-Charge, Criminal Appeals Unit, for petition.

Before Landau, Presiding Judge, and Brewer, Chief Judge, and Armstrong, Judge.

PER CURIAM

Motion for relief from default granted; reconsideration allowed; former disposition withdrawn; affirmed. State v. Perez, 340 Or 310, 131 P3d 168 (2006); State v. Gornick, 340 Or 160, 130 P3d 780 (2006).