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STATE v. STONE

A177223.

536 P.3d 1094 (2023)

328 Or. App. 203

STATE of Oregon, Plaintiff-Respondent, v. Raymond Blaine STONE, Defendant-Appellant.

Court of Appeals of Oregon.

September 20, 2023.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Stephanie J. Hortsch , Deputy Public Defender, Office of Public Defense Services, for petition.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and E. Nani Apo , Assistant Attorney General, for response.

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

Defendant requests that we reconsider our decision in State v. Stone, 326 Or.App. 200, 532 P.3d 90 (2023), specifically the remedy portion. In Stone, we reversed defendant's conviction for second-degree assault, ORS 163.175(1)(a), based on the legal insufficiency of the evidence to prove that crime, and we remanded "for...

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