FILED: August 8, 2001

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

DOUGLAS EUGENE ALDRICH,

Appellant.

94CR01901TM; A85846

On remand from the Oregon Supreme Court, State v. Aldrich, 331 Or 696, ___ P3d ___ (2001).

Appeal from Circuit Court, Deschutes County.

Alta J. Brady, Judge.

Submitted on remand May 11, 2001.

David E. Groom, Public Defender, and Eric R. Johansen, Deputy Public Defender, for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Janet A. Klapstein, Assistant Attorney General, for respondent.

Before Haselton, Presiding Judge, and Deits, Chief Judge, and Wollheim, Judge.

PER CURIAM

Reversed and remanded.

PER CURIAM

This case is before us on remand from the Supreme Court for reconsideration in light of its decision in State v. Fleetwood, 331 Or 511, 16 P3d 503 (2000). We have concluded in the case of a codefendant of this defendant that the error in erroneously admitting audio recordings was not harmless. State v. McCain, 175 Or App ___, ___ P3d ___ (July 5, 2001). For the same reasons that we concluded that the error was not harmless as to the codefendant, we conclude that the error was not harmless as to defendant.

Reversed and remanded.


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