ORDER OF DISMISSAL AND APPELLATE JUDGMENT
Appellant has moved to dismiss the above-entitled appeal. Respondent has moved to vacate this court’s decision dated August 13, 2008, in light of Oregon v. Ice, 555 US_, 129 S Ct 711, 172 L Ed 2d 517 (2009). The motions are granted. The decision dated August 13, 2008, is hereby vacated and the appeal is dismissed.
March 12, 2009
DATE
Rick Haselton PRESIDING JUDGE