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STATE v. JONES

200907188; A142958.

308 P.3d 347 (2013)

258 Or. App. 1

STATE of Oregon, Plaintiff-Respondent, v. Kevin Shannon JONES, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 14, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and David O. Ferry , Deputy Public Defender, Office of Public Defense Services, filed the briefs for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Tiffany Keast , Assistant Attorney General, filed the opening brief for respondent. Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Tiffany Keast , Assistant Attorney General, filed the supplemental brief.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and EGAN, Judge.

HASELTON, C.J.

This case is before us on remand. In our initial decision, we affirmed defendant's convictions, following a jury trial, for numerous crimes of domestic violence committed against his wife; in so holding, we concluded, inter alia, that defendant had failed to adequately preserve his arguments concerning the proper application of the test from State v. Johns, 301 Or. 535, 725 P.2d 312

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