¶1*433Following the issuance of our opinion in this case, State v. Noorzai , 292 Or. App. 248, 423 P.3d 742 (2018), defendant moved to dismiss his appeal. In its response, the state objected to dismissal; the state alternatively moved on equitable grounds that we vacate our opinion. Defendant does not oppose vacatur. We agree that equitable considerations support vacatur in this case. SeeKerr v. Bradbury , 340 Or. 241, 247-50, 131 P.3d 737, adh'd to on recons. , 341 Or. 200, 140 P.3d 1131 (2006). Accordingly, we grant defendant's motion to dismiss his appeal and the state's motion to vacate the opinion.
¶2Appeal dismissed; the court's opinion in State v. Noorzai , 292 Or. App. 248, 423 P.3d 742 (2018), is vacated.