Court of Appeals of Oregon February 25, 2009, CR020009A; A120233 (State v. Heath)

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PER CURIAM

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

State v. Heath,

201 Or App 92, 116 P3d 930 (2005)

(.Heath 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. Heath,

345 Or 315, 195 P3d 63 (2008).