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STATE v. VANDERZANDEN

D115461T; A152270.

337 P.3d 150 (2014)

265 Or. App. 752

STATE of Oregon, Plaintiff-Respondent, v. Donald Elmer VANDERZANDEN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 1, 2014.

Attorney(s) appearing for the Case

Lindsey Burrows , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Jona J. Maukonen , Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before Ortega, Presiding Judge, and DeVore, Judge, and Garrett, Judge.

GARRETT, J.

Defendant and two companions, Black and Brown, traveled to a state forest in December 2011 to gather firewood. Black drove the three men in his truck. Defendant cut the firewood, and Brown loaded it into the truck. Black helped with the loading until it became too painful for him. He had a previous neck injury that was aggravated by driving on the rough road, changing a tire at the site, and loading the firewood. After several hours, Black wanted to leave...

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