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FILED: April 8, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

CHRISTOPHER LEE RUSSELL,

Defendant-Appellant.

Lane County Circuit Court
200314609
A123638

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

Maurice K. Merten, Judge.

Submitted on remand October 29, 2008.

Anne Fujita Munsey, Senior Deputy Public Defender, 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. Russell, 200 Or App 725, 117 P3d 301 (2005) (Russell 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).