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FILED: April 8, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

JOHN GARZA, JR.,

Defendant-Appellant.

Marion County Circuit Court
03C47873
A123378

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

Terry Ann Leggert, Judge.

Submitted on remand October 29, 2008.

Jason E. Thompson and Ferder Casebeer French & Thompson, LLP, for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jeremy C. Rice, Assistant Attorney General, for respondent.

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

BREWER, C. J.

Remanded for resentencing; otherwise affirmed.

BREWER, C. J.

This case is before us on remand from the Supreme Court, which vacated our prior decision, State v. Garza, 201 Or App 527, 119 P3d 300 (Garza 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).