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FILED: January 7, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

NATHAN WAYNE GALLOWAY,

Defendant-Appellant.

Crook County Circuit Court
02FE0202
A121922

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

Paul G. Crowley, Judge.

Submitted on remand October 28, 2008.

George W. Kelly for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Paul L. Smith, Assistant Attorney-in-Charge, Criminal Appeals, 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. Galloway, 202 Or App 613, 123 P3d 352, rev den, 340 Or 201 (2006) (Galloway 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).