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STATE OF OREGON, Respondent, v. ELMER BIGALOW COZAD, JR., Defendant-Appellant.

ORDER VACATING COURT'S DECISION

On October 29, 2003, the court issued its decision affirming without opinion ( 190 Or App 397, 79 P3d 916). By order dated February 5, 2004, the court gave appellant's counsel leave to file a motion to vacate the court's decision. It does not appear that counsel filed a motion to vacate; however, in due course, this case was rebriefed and is now at issue.

The court on its own motion vacated its October 20, 2003, decision.

David V. Brewer, Chief Judge

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STATE v. COZAD
(Jan 4, 2007)