FILED: April 30, 2008

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

DANIEL RAY BROWN,

Defendant-Appellant.

Clatsop County Circuit Court
041493
A131624

Paula Brownhill, Judge.

Argued and submitted on February 27, 2008.

Eric R. Johansen, Deputy Public Defender, argued the cause for appellant. On the brief were Peter Gartlan, Chief Defender, Legal Services Division, and Travis Eiva, Deputy Public Defender, Office of Public Defense Services.

Jamie K. Contreras, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before Brewer, Chief Judge, and Schuman, Judge, and Deits, Judge pro tempore.

PER CURIAM

Remanded for resentencing; otherwise affirmed. State v. Marshall, 219 Or App 511, ___ P3d ___ (2008).


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