Find Court Cases > A119246 State v. Smith

A119246 State v. Smith

Case Date: 01/21/2009
Docket No: none

Download A143586 State v. Dalby.pdf

FILED: January 21, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

DAVID ALLEN SMITH,

Defendant-Appellant.

Deschutes County Circuit Court
01FE0616AB
A119246

On remand from the Oregon Supreme Court, State v. Smith, 345 Or 316, 195 P3d 64 (2008).

Alta Jean Brady, Judge.

Submitted on remand October 28, 2008.

Erin K. Galli and Chilton & Galli, LLC, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jeff J. Payne, Assistant Attorney General, filed the brief for respondent.

Before Landau, Presiding Judge, and Brewer, Chief Judge, and Haselton, Judge.

BREWER, C. J.

Affirmed.

BREWER, C. J.

This case is before us on remand from the Supreme Court, which vacated our prior decision, State v. Smith, 205 Or App 557, 134 P3d 1109 (2006), rev den, 341 Or 198, (Smith I), in light of State v. Ramirez, 343 Or 505, 173 P3d 817 (2007), adh'd to as modified on recons, 344 Or 195, 179 P3d 673 (2008), and State v. Fults, 343 Or 515, 173 P3d 822 (2007).