State v. Torres

*277ORTEGA, J.

The state seeks reconsideration of our opinion in State v. Torres, 198 Or App 218, 108 P3d 69 (2005), in which we reversed the trial court’s denial of defendant’s motion to suppress evidence, on the ground that our opinion failed to accord proper deference to the permissible factual inferences drawn by the trial court. ORAP 6.25(1)(a) (providing that reconsideration may be based on “a claim of factual error in the decision”). As discussed below, we allow the motion for reconsideration, withdraw our former opinion, and affirm the trial court’s order denying defendant’s motion to…