State v. Anthony

This case comes to us on remand from the Supreme Court with instructions to reconsider our first decision, State v. Anthony, 234 Or App 659, 228 P3d 1222 (2010), in light of State v. Cazares-Mendez /Reyes-Sanchez, 350 Or 491, 256 P3d 104 (2011). In Anthony, we relied on our decision in State v. Cazares-Mendez, 233 Or App 310, 227 P3d 172 (2010) (Cazares-Mendez I); the Supreme Comb subsequently took review of Cazares-Mendez I and, although it affirmed our decision in that case, it employed different reasoning. Our task, then, is to apply that reasoning here. We affirm.

In 2007, defendant was…