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A121787 State v. Wise

Case Date: 02/25/2009
Docket No: none


FILED: February 25, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

TRACY STEVEN WISE,

Defendant-Appellant.

Lane County Circuit Court
200225723
A121787

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

Maurice K. Merten, Judge.

Submitted on remand October 28, 2008.

Stephanie Hortsch, Deputy Public Defender, 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.

PER CURIAM

Remanded for resentencing; otherwise affirmed.

PER CURIAM

This case is before us on remand from the Supreme Court, which vacated our prior decision, State v. Wise, 202 Or App 661, 123 P3d 370 (2005) (Wise 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).