Find Court Cases > A123282 State v. Shellabarger

A123282 State v. Shellabarger

Case Date: 02/11/2009
Docket No: none

Download A143586 State v. Dalby.pdf

FILED: February 11, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

PHILLIP ALLEN SHELLABARGER,

Defendant-Appellant.

Coos County Circuit Court
03CR1593
A123282

On remand from the Oregon Supreme Court, State v. Shellabarger, 345 Or 316, 195 P3d 63 (2008).

Richard L. Barron, Judge.

Submitted on remand October 28, 2008.

James N. Varner 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.

BREWER, C. J.

Remanded for resentencing; otherwise affirmed.

State v. Ramirez, 205 Or App 113, 123, 133 P3d 343, adh'd to on recons, 207 Or App 1, 139 P3d 981 (2006), rev'd on other grounds, 343 Or 505, 173 P3d 817 (2007), adh'd to as modified on recons, 344 Or 195, 179 P3d 673 (2008)

BREWER, C. J.

This case is before us on remand from the Supreme Court, which vacated our prior decision, State v. Shellabarger, 201 Or App 210, 116 P3d 952 (2005) (Shellabarger 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).