A121597 State v. Winn

Case Date: 05/13/2009
Docket No: CR020492DVA121597


FILED: May 13, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

TONY RAY WINN,

Defendant-Appellant.

Yamhill County Circuit Court
CR020492DV
A121597

On remand from the Oregon Supreme Court, State v. Winn, 345 Or 317, 195 P3d 64 (2008).

John L. Collins, Judge.

Submitted on remand October 28, 2008.

James N. Varner for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Tiffany Keast, Assistant Attorney General, 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. Winn, 208 Or App 755, 145 P3d 336 (2006) (Winn 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).