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STATE v. FANNING

04CR0143, 04CR0359; A124507 (Control) A124508.

208 P.3d 530 (2009)

228 Or. App. 259

STATE of Oregon, Plaintiff-Respondent, v. KEVIN RAYE FANNING, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 13, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Bronson D. James, Chief Deputy Public Defender, Office of Public Defense Services, for appellant.

John R. Kroger, Attorney General, Erika Hadlock, Acting Solicitor General, and Tiffany Keast, 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. Fanning, 206 Or.App. 584, 138 P.3d 61 (2006) (Fanning 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 (2008), and...

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