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STATE v. TATE

CR0700655; A144935.

295 P.3d 683 (2013)

254 Or. App. 509

STATE of Oregon, Plaintiff-Appellant Cross-Respondent, v. Wendell Kenneth TATE, Defendant-Respondent Cross-Appellant.

Court of Appeals of Oregon.

Decided January 9, 2013.

Attorney(s) appearing for the Case

Matthew J. Lysne , Assistant Attorney in Charge, Criminal Appeals, argued the cause for appellant-cross-respondent. With him on the opening brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General. With him on the answering brief on cross-appeal were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Marc D. Brown , Deputy Public Defender, argued the cause for respondent-cross-appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Before ORTEGA, Presiding Judge, and HASELTON, Chief Judge, and SERCOMBE, Judge.

PER CURIAM.

A jury convicted defendant of aggravated felony murder, ORS 163.095(2)(d); murder, ORS 163.115, and first-degree burglary, ORS 164.225. The trial court later granted defendant's motion in arrest of judgment with respect to the aggravated murder conviction, vacated that conviction, and entered an amended judgment dismissing that charge. The state appeals, asserting that, in light of State v. Dasa, 234 Or.App. 219

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