FILED: January 7, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

DONALD LEE HOWELL,

Defendant-Appellant.

Washington County Circuit Court
C002670CR
A115558

On remand from the Oregon Supreme Court, State v. Howell, 345 Or 315, 195 P3d 63 (2008).

Gayle Ann Nachtigal, Judge.

Submitted on remand October 28, 2008.

Andrew Chilton and Chilton & Galli, LLC, for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jeff J. Payne, Assistant Attorney General, for respondent.

Before Landau, Presiding Judge, and Brewer, Chief Judge, and Haselton, Judge.

HASELTON, J.

Affirmed.

HASELTON, J.

This case is before us on remand from the Oregon Supreme Court, which vacated our prior decision, State v. Howell, 206 Or App 515, 136 P3d 1138, rev den, 341 Or 450 (2006) (Howell I), in light of State v. Ramirez, 343 Or 505, 173 P3d 817 (2007), adh'd to as modified on recons, 344 Or 195, 179 P3d 673 (2008).