October 17, 2013
STATE OF OREGON, Respondent on Review,
JUSTIN DEWAIN DALBY, Petitioner on Review.
Under advisement September 4, 2013.
On review from the Court of Appeals, CC 090748295; CA A143586.[*]
Tiffany Keast, Assistant Attorney General, filed the petition for Petitioner on Review.
No appearance contra.
Before Balmer, Chief Justice, and Kistler, Walters, Linder, Landau and Baldwin, Justices. [**]
The petition for review is allowed. The decision of the Court of Appeals, State v. Dalby, 244 Or.App. 329, 258 P.3d 1292 (2011), is reversed. State v. Rainoldi, 351 Or 486, 268 P.3d 568 (2011). The judgment of the Circuit Court is affirmed.