State v. White

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780 November 7, 2018 No. 545 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. DANIEL DAVID WHITE, Defendant-Appellant. Lane County Circuit Court 201411557; A159685 Charles M. Zennaché, Judge. On appellant’s petition for reconsideration filed September 28, 2018, and respondent’s response to appellant’s petition for reconsideration filed October 12, 2018. Opinion filed July 25, 2018. 293 Or App 62, 426 P3d 203. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Laura A. Frikert, Deputy Public Defender, Office of Public Defense Services, for petition. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Patrick M. Ebbett, Assistant Attorney General, for response. Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge. PER CURIAM Reconsideration allowed; former opinion modified and adhered to as modified. Cite as 294 Or App 780 (2018) 781 PER CURIAM Defendant petitions for reconsideration of our opinion in State v. White, 293 Or App 62, 426 P3d 203 (2018), on the ground that footnote 2 of that decision inaccurately describes defendant’s position with regard to arguments that were not raised in his supplemental briefing. We agree in part and replace that footnote with the following: “We confine our discussion to the probative value of the evidence with respect to delayed reporting, and we reject defendant’s remaining contentions without discussion.” Reconsideration allowed; former opinion modified and adhered to as modified.

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