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FILED: October 20, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

LOVELL WILLIAMS, JR.,

Defendant-Appellant.

Marion County Circuit Court
00C55187
A124459

On remand from the Oregon Supreme Court, State v. Williams, 348 Or 461, 234 P3d 983 (2010).

Dennis J. Graves, Judge.

Submitted on remand August 09, 2010.

James N. Varner filed the brief for appellant.

John R. Kroger, Attorney General, Mary H. Williams, Solicitor General, and Tiffany Keast, Assistant Attorney General, filed the supplemental brief 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. Williams, 225 Or App 325, 201 P3d 267, adh'd to on recons, 228 Or App 254, 208 P3d 496 (2008) (Williams II), in light of State v. Lennon, 348 Or 148, 229 P3d 589 (2010).