FILED: April 28, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Appellant,

v.

HEATHER DAWN SHEARER,

Defendant-Respondent.

Lane County Circuit Court
210506967, 210506289
A141195 (Control)
A141196

Debra K. Vogt, Judge.

Argued and submitted on March 25, 2010.

Leigh A. Salmon, Assistant Attorney General, argued the cause for appellant.  With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Zachary L. Mazer, Deputy Public Defender, argued the cause for respondent.  With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before Schuman, Presiding Judge, and Wollheim, Judge, and Rosenblum, Judge.

PER CURIAM

Reversed and remanded.  State v. Coulombe, 228 Or App 211, 215, 206 P3d 1161 (2009) ("A defendant consents to a delay following his or her knowing failure to appear at a mandatory court appearance.").


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