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STATE v. HEATER

CR100587; A151253.

351 P.3d 776 (2015)

271 Or. App. 538

STATE of Oregon, Plaintiff-Respondent, v. Robert Merle HEATER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 3, 2015.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Lindsey Burrows , Deputy Public Defender, Office of Public Defense Services, filed the opening brief for appellant. Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Lindsey Burrows , Deputy Public Defender, Office of Public Defense Services, filed the supplemental brief.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and David B. Thompson , Senior Assistant Attorney General, filed the answering brief for respondent. Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Rolf C. Moan , Senior Assistant Attorney General, filed the supplemental brief.

Before ORTEGA, Presiding Judge, and DeVORE, JUDGE, and GARRETT, Judge.

This case is before us on remand from the Supreme Court, which vacated our prior decision, State v. Heater, 263 Or.App. 298, 328 P.3d 714, vac'd and rem'd, 356 Or. 574, 342 P.3d 87 (2014...

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