FILED: June 6, 2007

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

JAMIE CHAVEZ NUNEZ,

Defendant-Appellant.

Polk County Circuit Court
04P3383; A127170

Fred E. Avera, Judge.

Submitted on record and briefs April 30, 2007.

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Mary-Shannon Storey, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Stacie F. Beckerman, Assistant Attorney General, filed the brief for respondent.

Before Haselton, Presiding Judge, and Armstrong and Rosenblum, Judges.

PER CURIAM

Reversed and remanded. State v. Birchfield, 342 Or 624, 157 P3d 216 (2007).


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