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STATE v. HALVORSON

A169687.

527 P.3d 817 (2023)

324 Or. App. 656

STATE of Oregon, Plaintiff-Respondent, v. John Olaf HALVORSON, Defendant-Appellant.

Court of Appeals of Oregon.

March 22, 2023.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Sara Laidlaw , Deputy Public Defender, Office of Public Defense Services filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Christopher A. Perdue , Assistant Attorney General filed the brief for respondent.

Before Aoyagi, Presiding Judge, and Lagesen, Chief Judge, and Kamins, Judge.

This criminal appeal is before us on remand from the Supreme Court, which vacated and remanded our previous decision, State v. Halvorson, 315 Or.App. 112, 500 P.3d 35 (2021) (Halvorson I), for reconsideration in light of State v. Fox, 370 Or. 456, 521 P.3d 151 (2022) (Fox II). State v. Halvorson,

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