FILED: October 15, 2008

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,  

v.

NICHOLAS DANIEL BEETS,

Defendant-Appellant.

Tillamook County Circuit Court
061250
A134523

Rick W. Roll, Judge.

Argued and submitted on August 27, 2008.

Eric Johansen, Senior Deputy Public Defender, argued the cause for appellant.  With him on the briefs was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services. Anna M. Joyce, 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 Wollheim, Presiding Judge, and Ortega, Judge, and Carson, Senior Judge.

PER CURIAM

Reversed and remanded.  State v. Rider, 216 Or App 308, 172 P3d 274 (2007), rev allowed, 345 Or 94 (2008).


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