
    On respondent’s petition for reconsideration filed May 25,
    and appellant’s response to respondent’s petition for reconsideration and defense motion to strike petition filed June 2, motion for relief from default granted; reconsideration allowed; former disposition (203 Or App 463, 125 P3d 849) withdrawn; affirmed July 26, 2006
    STATE OF OREGON, Respondent, v. MARK JASON SPENCER, Appellant.
    
    02C-43118; A122719
    139 P3d 1011
    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Motion for relief from default granted; reconsideration allowed; former disposition withdrawn; affirmed.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).  