FILED: January 21, 2009
IN THE COURT OF APPEALS OF THE STATE OF OREGON
STATE OF OREGON,
Plaintiff-Respondent,
v.
JOSEPH ZACHARY SCOTT,
Defendant-Appellant.
Lane County Circuit Court
200215828
A121454
On remand from the Oregon Supreme Court, State v. Scott, 345 Or 316, 195 P3d 63 (2008).
Jack A. Billings, Judge.
Submitted on remand October 28, 2008.
Erin Galli and Chilton & Galli, LLC, for appellant.
Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Tiffany Keast 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. Scott, 200 Or App 715, 117 P3d 314 (2005) (Scott 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).