Court of Appeals of Oregon August 17, 2005, 000666FE; A116493 (State v. Ferguson)

*263

ORTEGA, J.

The state petitions for reconsideration of our decision in

State v. Ferguson,

197 Or App 384, 105 P3d 872 (2005), on the ground that it is in conflict with statements made in two prior opinions of this court:

State v. Williams,

161 Or App 111, 984 P2d 312 (1999), and

State v. Sulser,

127 Or App 45, 871 P2d 126 (1994).