FILED: February 25, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

DALE BRYANT,

Defendant-Appellant.

Union County Circuit Court
F06339
A122477

On remand from the Oregon Supreme Court, State v. Bryant, 345 Or 315, 195 Pd 62 (2008).

Gregory L. Baxter, Judge.

Submitted on remand October 28, 2008.

George W. Kelly for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Paul L. Smith, Assistant Attorney-in-Charge, for respondent.

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

PER CURIAM

Remanded for resentencing; otherwise affirmed.

PER CURIAM

This case is before us on remand from the Supreme Court, which vacated our prior decision, State v. Bryant, 203 Or App 114, 125 P3d 32 (2005) (Bryant 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).