Court of Appeals of Oregon January 7, 2009, C002670CR; A115558 (State v. Howell)

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HASELTON, J.

This case is before us on remand from the Oregon Supreme Court, which vacated our prior decision,

State v. Howell,

206 Or App 515, 136 P3d 1138,

rev den,

341 Or 450 (2006)

(Howell 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).

State v. Howell,

345 Or 315, 195 P3d 63 (2008).