Opinion
Nos. C031680CR; A123792.
Submitted on remand August 16, 2007.
October 31, 2007.
On remand from the Oregon Supreme Court, State v. Dibbern, 343 Or 159, 164 P3d 1160 (2007).
Washington County Circuit Court, Nancy W. Campbell, Judge.
Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and David Ferry, Deputy Public Defender, Office of Public Defense Services, for appellant.
Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Doug M. Petrina, Assistant Attorney General, for respondent.
Before Landau, Presiding Judge, and Schuman and Ortega, Judges.
Convictions on Counts 1 through 3 for manufacture, delivery, and possession of a controlled substance reversed and remanded. State v. Birchfield, 342 Or 624, 157 P3d 216 (2007); State v. Miller, 208 Or App 424, 144 P3d 1052, adh'd to on recons, 210 Or App 176, 149 P3d 1251 (2006). Remaining convictions affirmed and remanded for resentencing.