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STATE v. RIDEOUT

A164575 (Control) A164556.

480 P.3d 337 (2021)

308 Or. App. 689

STATE of Oregon, Plaintiff-Respondent, Cross-Appellant, v. John Joseph RIDEOUT, Defendant-Appellant. Cross-Respondent.

Court of Appeals of Oregon.

January 27, 2021.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Neil F. Byl , Deputy Public Defender, Office of Public Defense Services, for petition and supplemental brief.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Jonathan N. Schildt , Assistant Attorney General, for supplemental brief.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

Defendant petitions for reconsideration of our decision in State v. Rideout, 303 Or.App. 504, 465 P.3d 255 (2020). For the reasons explained below, we allow defendant's petition, withdraw our former opinion and disposition, reverse and remand Count 1, remand for resentencing, and otherwise affirm.

The state charged defendant...

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