Opinion
A158794
01-11-2017
State of Oregon, Plaintiff-Respondent, v. Michelle Rae Smith, Defendant-Appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and David B. Thompson, Assistant Attorney General, for petition. Ernest G. Lannet, Chief Defender, and Matthew Blythe, Deputy Public Defender, Office of Public Defense Services, for response.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and David B. Thompson, Assistant Attorney General, for petition.
Ernest G. Lannet, Chief Defender, and Matthew Blythe, Deputy Public Defender, Office of Public Defense Services, for response.
Before Duncan, Presiding Judge, and DeVore, Judge, and Garrett, Judge.
PER CURIAMThe state filed a petition for reconsideration of our prior decision in this case, State v. Smith , 282 Or.App. 208, 384 P.3d 175 (2016), seeking to file supplemental briefing that it filed in a related case, State v. Sholedice , 283 Or.App. 346, 386 P.3d 701 (2017). After the state filed its petition, we issued our decision in Sholedice . In light of that decision, we allow reconsideration, deny the request for supplemental briefing, withdraw our prior decision, and reverse and remand pursuant to State v. Barnthouse , 271 Or.App. 312, 350 P.3d 536 (2015), aff'd on other grounds , 360 Or. 403, 380 P.3d 952 (2016) (holding that, for purposes of Article I, section 9, of the Oregon Constitution, law enforcement illegally seized a package by removing it from the stream of mail and submitting it to a dog sniff).
Reconsideration allowed; former opinion withdrawn; reversed and remanded.