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STATE v. FIALA

Nos. 20CR65516; A176948.

326 Or.App. 668

STATE OF OREGON, Plaintiff-Respondent, v. KRIS ALLAN FIALA, Defendant-Appellant.

Court of Appeals of Oregon.

June 28, 2023.

Attorney(s) appearing for the Case

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

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

Before Aoyagi, Presiding Judge, and Joyce, Judge, and Jacquot, Judge.

AOYAGI, P. J.

Remanded for resentencing; otherwise affirmed.

This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

Defendant was convicted of second-degree murder, ORS 163.115 (Count 1), and aggravated harassment, ORS 166.070 (Count...

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