FILED: August 22, 2007
IN THE COURT OF APPEALS OF THE STATE OF OREGON
STATE OF OREGON,
SCOTT LOUIS SULLIVAN,
Umatilla County Circuit Court
Jeffrey M. Wallace, Judge.
Submitted on record and briefs July 24, 2007.
James N. Varner filed the brief for appellant.
Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jonathan H. Fussner, Attorney-In-Charge, Criminal Appeals Unit, filed the brief for respondent.
Before Landau, Presiding Judge, and Brewer, Chief Judge, and Schuman, Judge.
Reversed and remanded. State v. Birchfield, 342 Or 624, 157 P3d 216 (2007); State v. Miller, 208 Or App 424, 144 P3d 1052 (2006).