FILED: May 31, 2000

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

JUAN JOSE ORTIZ, JR.,

Appellant.

(97-0875; CA A101047)

Appeal from Circuit Court, Clackamas County.

Alan R. Jack, Judge.

Argued and submitted June 22, 1999.

Louis R. Miles, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Edmonds, Presiding Judge, and Armstrong and Kistler, Judges.

PER CURIAM

Reversed and remanded for new trial. State v. Maddox, 165 Or App 573, ___ P2d ____ (2000).


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