FILED: July 26, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

CHARLES CLIFTON PALMER,

Appellant.

CR0301334; A125283

Appeal from Circuit Court, Clackamas County.

Robert D. Herndon, Judge.

On respondent's petition for reconsideration filed May 25, 2006, and appellant's response to state's petition for reconsideration filed May 31, 2006. Opinion filed August 31, 2005. 201 Or App 337, 118 P3d 853.

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

Shawn Evans Wiley, Senior Deputy Public 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Motion for relief from default granted; reconsideration allowed; former disposition withdrawn; affirmed.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).