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STATE v. RAMIREZ

03C52243; A123501.

202 P.3d 193 (2009)

225 Or. App. 382

STATE of Oregon, Plaintiff-Respondent, v. Jose Ramon RAMIREZ, Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 28, 2009.

Attorney(s) appearing for the Case

Ernest G. Lannet, Senior Deputy Public Defender, for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jeff J. Payne, Assistant Attorney General, for respondent.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and HASELTON, Judge.

BREWER, C.J.

This case is before us on remand from the Supreme Court, which vacated our prior decision, State v. Ramirez, 209 Or.App. 238, 147 P.3d 351 (2006), rev. den., 342 Or. 417, 154 P.3d 723 (2007) (Ramirez I), in light of State v. Ramirez, 343 Or. 505,

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