Opinion
97CR2980FA, 97CR2980FB; A105215 (Control), A105216 (Cases Consolidated).
Submitted on remand September 12, 2003.
Filed: October 15, 2003.
On remand from the Oregon Supreme Court, State v. Trax , 335 Or. 597, 75 P.3d 440 (2003).
Appeal from Circuit Court, Douglas County. William L. Lasswell, Judge.
David E. Groom, Public Defender, and Robin A. Jones, Deputy Public Defender, for appellants.
Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Douglas F. Zier, Assistant Attorney General, for respondent.
Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.
PER CURIAM.
Affirmed.
This case is before us following remand from the Oregon Supreme Court. State v. Trax , 335 Or. 597, 75 P.3d 440 (2003). The only remaining issue on remand warranting a published discussion concerns the trial court's denial of defendants' motions to controvert. We reject defendants' contentions in that regard and adopt the reasoning for rejecting those contentions set forth in Chief Judge Deits's dissenting opinion in our initial decision in this case. State v. Trax , 179 Or. App. 193, 219-21, 39 P.3d 887 (2002) (Deits, C.J., dissenting).
Affirmed.