Court of Appeals of Oregon January 21, 2009, CR020670, A124764 (State v. Strasser)

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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).

State v.