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FILED: January 21, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

RONALD KENNETH STRASSER, JR.,

Defendant-Appellant.

Yamhill County Circuit Court
CR020670
A124764

On remand from the Oregon Supreme Court, State v. Strasser, 345 Or 316, 195 P3d 64 (2008).

Fred E. Avera, Judge.

Submitted on remand October 29, 2008.

David E. Groom 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. Strasser, 211 Or App 244, 154 P3d 130, rev den, 342 Or 727 (2007) (Strasser 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).