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STATE v. DILTS

99CR-0172; CA A106034; SC S49525; USSC 03-9412

103 P.3d 95 (2004)

337 Or. 645

STATE of Oregon, Respondent on Review, v. Randy Everett DILTS, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided December 16, 2004.

Attorney(s) appearing for the Case

Eric M. Cumfer, Senior Deputy Public Defender, Salem, filed the briefs for petitioner on review. With him on the briefs were Peter A. Ozanne, Executive Director, Office of Public Defense Services, and Peter Gartlan, Chief Defender.

Jennifer S. Lloyd, Assistant Attorney General, Salem, filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

BALMER, J.

This case is before us on remand from the United States Supreme Court. In our prior decision, we affirmed defendant's conviction and sentence for assault. State v. Dilts, 336 Or. 158, 82 P.3d 593 (2003) (Dilts I). Defendant petitioned for a writ of certiorari from the United States Supreme Court, and the Court vacated the judgment in...

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