A123501 State v. Ramirez

Case Date: 01/28/2009
Docket No: none


FILED: January 28, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

JOSE RAMON RAMIREZ,

Defendant-Appellant.

Marion County Circuit Court
03C52243
A123501

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

Richard D. Barber, Sr., Senior Judge.

Submitted on remand October 28, 2008.

Ernest G. Lannet, Senior 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.

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. Ramirez, 209 Or App 238, 147 P3d 351 (2006), rev den, 342 Or 417 (2007) (Ramirez 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).