State v. White

Defendant petitions for reconsideration of our decision in State v. White, 211 Or App 210, 154 P3d 124 (2007). We grant reconsideration only to clarify a factual issue and otherwise adhere to our previous opinion.

In our prior opinion, we noted that the consent form at issue was not in the record. Id. at 217. However, we stated that the testimony from the investigator indicated that the form outlined a specific procedure by which to revoke consent. Id. at 219. Defendant argues that the testimony does not establish that the form outlined any procedure.

We disagree. The testimony from the officer…