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STATE v. BITTNER

990735238, A109428.

203 P.3d 249 (2009)

226 Or. App. 126

STATE of Oregon, Plaintiff-Respondent, v. Robert Jeffery BITTNER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 25, 2009.

Attorney(s) appearing for the Case

Louis R. Miles, Deputy Public Defender, Office of Public Defense Services, for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Paul L. Smith, Assistant Attorney-in-Charge, Criminal Appeals, for respondent.

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

HASELTON, J.

This case is before us on remand from the Oregon Supreme Court, which vacated our prior decision, State v. Bittner, 202 Or.App. 655, 123 P.3d 380 (2005) (Bittner I), in light of State v. Ramirez, 343 Or. 505, 173 P.3d 817 (2007), adh'd to as modified on recons., 344 Or. 195, 179 P.3d 673...

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