FILED: January 27, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

JAMES HARRY TAYLOR,

Defendant-Appellant.

Marion County Circuit Court
07C51436
A139035

Bryan T. Hodges, Judge.

Argued and submitted on December 22, 2009.

Louis R. Miles, Deputy Public Defender, argued the cause for appellant.  With him on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Tiffany Keast, 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. Pierce, 226 Or App 336, 203 P3d 343 (2009).


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