FILED: January 27, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

KEVIN ANTHONY WRIGHT,

Defendant-Appellant.

Marion County Circuit Court
07C51533
A138252

Mary Mertens James, Judge.

Argued and submitted on December 22, 2009.

Irene B. Taylor, Deputy Public Defender, argued the cause for appellant.  With her on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Anna M. Joyce, Assistant Attorney General, argued the cause for respondent.  With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before Wollheim, Presiding Judge, and Sercombe, Judge, and Edmonds, Senior Judge.

PER CURIAM

Reversed and remanded.  State v. Anderson, 231 Or App 198, 217 P3d 1133 (2009).


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