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STATE v. LANTZSCH

C070765CR; A136096.

260 P.3d 662 (2011)

244 Or. App. 330

STATE of Oregon, Plaintiff-Respondent, v. Richard LANTZSCH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 20, 2011.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Mary Shannon Storey , Deputy Public Defender, Office of Public Defense Services, filed the opening brief for appellant. Peter Gartlan , Chief Defender, and Ernest G. Lannet , Chief Deputy Defender, filed the supplemental brief.

Hardy Myers , Attorney General, Mary H. Williams , Solicitor General, and Anna M. Joyce , Assistant Attorney General, filed the answering brief for respondent. John Kroger , Attorney General, Mary H. Williams , Solicitor General, and Tiffany Keast , Assistant Attorney General, filed the supplemental brief.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and NAKAMOTO, Judge.

BREWER, C.J.

This case is on remand from the Oregon Supreme Court, which vacated our prior decision, State v. Lantzsch, 229 Or.App. 505, 214 P.3d 22 (2009) (Lantzsch I,) and remanded for reconsideration in light of State v. Ashbaugh, 349 Or. 297, 244 P.3d 360 (2010) (Ashbaugh II). State v. Lantzsch...

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