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STATE v. PAYTON

A163219.

489 P.3d 1082 (2021)

311 Or. App. 674

STATE of Oregon, Plaintiff-Respondent, v. Christopher Lee PAYTON, Defendant-Appellant.

Court of Appeals of Oregon.

May 26, 2021.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Erica Herb , Deputy Public Defender, Office of Public Defense Services, filed the opening and reply briefs for appellant. On the supplemental briefs were Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and David Sherbo-Huggins , Deputy Public Defender.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Rolf C. Moan filed the briefs for respondent.

Before Ortega, Presiding Judge, and Egan, Chief Judge, and Powers, Judge.

This case is before us on remand from the Oregon Supreme Court, which vacated our prior decision, State v. Payton, 298 Or.App. 22, 445 P.3d 338 (2019), and remanded for reconsideration in light of State v. Henderson, 366 Or. 1, 455 P.3d 503 (2019). In our prior opinion, we concluded that the trial court erred in denying...

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