FILED: July 26, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

MARK JASON SPENCER,

Appellant.

02C-43118; A122719

Appeal from Circuit Court, Marion County.

Susan M. Tripp, Judge.

On respondent's petition for reconsideration filed May 25, 2006, and appellant's response to respondent's petition for reconsideration and defense motion to strike petition filed June 2, 2006. Opinion filed December 28, 2005. 203 Or App 463, 125 P3d 849.

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

Jennelle Meeks Barton, Deputy Defender, Office of Public Defense Services, for response.

Before Landau, Presiding Judge, and Schuman and Ortega, Judges.

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Motion for relief from default granted; reconsideration allowed; former disposition withdrawn; affirmed.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).