Opinion
CV05-0861; A129751.
Argued and submitted March 23, 2006.
Affirmed April 26, 2006. Petition for review denied June 27, 2006 (341 Or 141).
Appeal from Circuit Court, Umatilla County.
F.J. Yraguen, Senior Judge.
James N. Varner argued the cause and filed the brief for appellant.
Jennifer S. Lloyd, Attorney-in-Charge, Collateral Remedies and Capital Appeals, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Before Haselton, Presiding Judge, and Armstrong and Ortega, Judges.
Affirmed. See Lutz v. Hill, 205 Or App 252, 134 P3d 1003 (2006).