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FILED: February 11, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

THURMAN MICHAEL MITCHELL,

Defendant-Appellant.

Coos County Circuit Court
03CR1988
A124651

On remand from the Oregon Supreme Court, State v. Mitchell, 345 Or 175, 190 P3d 1237 (2008).

Richard L. Barron, Judge.

Submitted on remand October 09, 2008.

Peter Ozanne, Executive Director, Peter Gartlan, Legal Services Division, Chief Defender, and Bronson D. James, Deputy Public Defender, Office of Public Defense Services, 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.

Affirmed.

BREWER, C. J.

This case is before us on remand from the Supreme Court, which vacated our prior decision, State v. Mitchell, 206 Or App 586, 138 P3d 60 (2006), 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).