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STATE v. NEESE

99C52807, A110884.

203 P.3d 364 (2009)

226 Or. App. 407

STATE of Oregon, Plaintiff-Respondent, v. Ric Curtis NEESE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 4, 2009.

Attorney(s) appearing for the Case

Rankin Johnson IV, Portland, for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jeremy C. Rice, Assistant Attorney General, for respondent.

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

PER CURIAM.

This case is before us on remand from the Supreme Court, which vacated our prior decision, State v. Neese, 200 Or.App. 288, 113 P.3d 922 (2005), rev. den., 341 Or. 449, 143 P.3d 773 (2006) (Neese I) in light of State v. Ramirez, 343 Or. 505,

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