State v. Jenkins

FILED: October 17, 2007

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

CURTIS SCOTT JENKINS,

Defendant-Appellant.

Umatilla County Circuit Court
CF040256; A126180

Garry L. Reynolds, Judge.

On appellant's petition for reconsideration filed August 23, 2007. Affirmed without opinion February 21, 2007. 211 Or App 148, 153 P3d 712.

Peter Gartlan, Chief Defender, Legal Services Division, and Anne F. Munsey, Senior Deputy Public Defender, Office of Public Defense Services, for petition.

Before Haselton, Presiding Judge, and Armstrong and Rosenblum, Judges.

PER CURIAM

Reconsideration allowed; former disposition withdrawn; reversed and remanded.

PER CURIAM

In this case, we previously affirmed without opinion defendant's convictions for possession of a precursor substance, ORS 475.967, and attempted manufacture of a controlled substance, former ORS 475.992. State v. Jenkins, 211 Or App 148, 153 P3d 712 (2007). Defendant petitions for reconsideration, asserting that our previous disposition is inconsistent with the Oregon Supreme Court's decision in State v. Birchfield, 342 Or 624, 157 P3d 216 (2007).

For the reasons set forth in State v. Marroquin, 215 Or App 330, ___ P3d ___ (2007), we allow reconsideration, and reverse and remand.

Reconsideration allowed; former disposition withdrawn; reversed and remanded.