State v. Luers

Defendant petitions for reconsideration of our decision in State v. Luers, 211 Or App 34, 153 P3d 688 (2007), asserting an error relating to our recitation of the facts. We grant reconsideration, modify our previous opinion, and adhere to it as modified.

In our opinion, when discussing the police search of the storage unit leased by defendant and another person, we stated, “In a loft area believed to be defendant’s sleeping quarters, police discovered a bolt cutter that matched the cuts in the fence at Tyree Oil.” Id. at 39. Defendant asserts that the loft area was separate from the sleeping…