
    On respondent’s petition for reconsideration filed May 25,
    and appellant’s response to respondent’s petition for reconsideration filed June 1,
    motion for relief from default granted; reconsideration allowed; former disposition (201 Or App 397, 118 P3d 850) withdrawn; affirmed July 26, 2006
    STATE OF OREGON, Respondent, v. JOHN DEE PHIPPS, Appellant.
    
    200311366, 200316390; A123497 (Control), A123498
    (Cases Consolidated)
    139 P3d 1009
    Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jonathan H. Fussner, Attorney-In-Charge, Criminal Appeals Unit, for petition.
    Tammy W. Sun, 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Motion for relief from default granted; reconsideration allowed; former disposition withdrawn; affirmed.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).  