
    On respondent’s petition for reconsideration filed May 26,
    and appellant’s response to petition for reconsideration filed June 1,
    motion for relief from default granted; reconsideration allowed; former disposition (200 Or App 731, 117 P3d 277) withdrawn; affirmed August 2,
    petition for review denied December 5,2006 (342 Or 117)
    STATE OF OREGON, Respondent, v. KENAN JAMES KALER, Appellant.
    
    0400641CR; A125440
    140 P3d 1148
    Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jonathan H. Fussner, Attorney-In-Charge, Criminal Appeals Unit, for petition.
    Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Jamesa J. Drake, Deputy Public Defender, Office of Public Defense Services, for response.
    Before Edmonds, Presiding Judge, and Linder and Schuman, 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Motion for relief from default granted; reconsideration allowed; former disposition withdrawn; affirmed.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).  