Opinion
94CR01901TM; A85846
Submitted on remand May 11, 2001.
Filed: August 8, 2001
On remand from the Oregon Supreme Court, State v. Aldrich, 331 Or. 696, 21 P.3d 1088 (2001).
Appeal from Circuit Court, Deschutes County. Alta J. Brady, Judge.
David E. Groom, Public Defender, and Eric R. Johansen, Deputy Public Defender, for appellant.
Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Janet A. Klapstein, Assistant Attorney General, for respondent.
Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.
PER CURIAM
Reversed and remanded.
This case is before us on remand from the Supreme Court for reconsideration in light of its decision in State v. Fleetwood, 331 Or. 511, 16 P.3d 503 (2000). We have concluded in the case of a codefendant of this defendant that the error in erroneously admitting audio recordings was not harmless. State v. McCain, 175 Or. App. 274, 28 P.3d 641 (July 5, 2001). For the same reasons that we concluded that the error was not harmless as to the codefendant, we conclude that the error was not harmless as to defendant.
Reversed and remanded.