215 P.3d 117 (2009)
230 Or. App. 348
STATE of Oregon, Plaintiff-Respondent, v. David Ernest GILDERSLEEVE, aka Jack Johnson, Defendant-Appellant.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Submitted on February 26, 2009.
Decided August 19, 2009.
Peter Gartlan, Chief Defender, Legal Services Division, and Louis R. Miles, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.
Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Inge D. Wells, Senior Assistant Attorney General, filed the brief for respondent.
Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and DEITS, Judge pro tempore.
BREWER, C.J.
Defendant was convicted in 2001 of attempted aggravated murder, first-degree robbery with a firearm, felon in possession of a firearm, and unauthorized use of a vehicle. Shortly thereafter, he was sentenced in federal court for a federal armed bank robbery conviction. Defendant appealed his state convictions and sentence, and this court affirmed his convictions but remanded for resentencing. State v. Gildersleeve,
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