STATE v. FORREST, 345 Or. 319 (2008)

207 P.3d 423

STATE OF OREGON, Plaintiff-Respondent, Petitioner on Review, v. FORREST CLAYTON NORMAN, Defendant-Appellant, Respondent on Review. STATE OF OREGON, Plaintiff-Respondent, Petitioner on Review, v. FORREST CLAYTON NORMAN, Defendant-Appellant, Respondent on Review.

Nos. 031183; A125399; S056157, 031199; A125400; S056508.Oregon Supreme Court.
October 3, 2008.

Upon consideration by the court.

Respondent on review’s motion to sever and remand is granted. As to appellate case number A125399 (trial court number 031183), the petition for review will remain assigned the original Supreme Court number in this case, S056157. As to appellate case number A125400 (trial court number 031199), the petition for review is now assigned Supreme Court number S056508. The case caption is amended as shown above.

The petition for review in S056157, is dismissed. The court remands trial court number 031183, A125399, for resentencing, based on the opinion of the Court of Appeals in this case.

Respondent’s petition for review is allowed. The decision of the Court of Appeals is vacated, and case is remanded to the Court of Appeals for reconsideration in light of State v. Ramirez, 343 Or 505, 173 P3d 817 (2007), adh’d to on recons, 344 Or 195, 179 P3d 673 (2008) and State v. Fults, 343 Or 515, 173 P3d 822 (2007).

October 3, 2008

Rives Kistler

Presiding Justice

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