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FILED: April 1, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

CHESTER LAWRENCE GUNTER, JR.,

Defendant-Appellant.

Clackamas County Circuit Court
CR0200095
A119373

On remand from the Oregon Supreme Court, State v. Gunter, 345 Or 315, 195 P3d 63 (2008).

Eve L. Miller, Judge.

Submitted on remand October 28, 2008.

Rebecca A. Duncan, Assistant Chief Defender, Office of Public Defense Services, for appellant.

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

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

HASELTON, J.

Affirmed.

HASELTON, J.

This case is before us on remand from the Oregon Supreme Court, which vacated our prior decision, State v. Gunter, 202 Or App 209, 121 P3d 16 (2005) (Gunter 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).