State v. Harding

The state petitions for reconsideration of our decision in State v. Harding, 222 Or App 415, 193 P3d 1055 (2008), arguing that reconsideration is warranted under ORAP 6.25(l)(a) and (e) (concerning a claim of factual error in the decision and a claim that the court erred in construing or applying the law respectively). Because the state identifies no purported factual error in our decision, we understand the state to be suggesting that we erred in applying the law to the facts in this case. In particular, the state argues that we erroneously rejected the trial court’s conclusion that it…