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STATE v. FULTS

04CR1586, 04CR1689 A127874 (Control) A127875.

182 P.3d 267 (2008)

219 Or. App. 305

STATE of Oregon, Plaintiff-Respondent, v. David Lester FULTS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 16, 2008.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Ernest G. Lannet, Deputy Public Defender, Office of Public Defense Services, for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, Seann C. Colgan, Assistant Attorney General, and Jonathan H. Fussner, Attorney-In-Charge, Criminal Appeals Unit, for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

This case is on remand from the Supreme Court, State v. Fults, 343 Or. 515, 173 P.3d 822 (2007), following its reversal of our decision, 210 Or.App. 150, 149 P.3d 1248 (2006), in which we exercised our discretion under ORAP 5.45(1) to review defendant's unpreserved objection to the length of the probation period...

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