FILED: February 25, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

JEFFREY ALLEN STEELE,

Defendant-Appellant.

Lane County Circuit Court
200211109
A119204

On remand from the Oregon Supreme Court, State v. Steele, 345 Or 316, 195 P3d 64 (2008).

Gregory G. Foote, Judge.

Submitted on remand October 28, 2008.

Bronson D. James, Chief Deputy Defender, 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.

BREWER, C. J.

Affirmed.

BREWER, C. J.

This case is before us on remand from the Supreme Court, which vacated our prior decision, State v. Steele, 205 Or App 469, 134 P3d 1054 (2006) (Steele 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), and State v. Fults, 343 Or 515, 173 P3d 822 (2007).