Opinion
200223471; A120940.
Submitted on record and briefs April 29, 2005.
Affirmed May 25, 2005. Petition for review denied December 6, 2005 (339 Or 609).
Appeal from Circuit Court, Lane County.
Jack A. Billings, Judge.
Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Jennelle Meeks Barton, Deputy Defender, Office of Public Defense Services, filed the briefs for appellant.
Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Katherine H. Waldo, Assistant Attorney General, filed the briefs for respondent.
Affirmed. State v. Gutierrez, 197 Or App 496, 106 P3d 670, adh'd to as modified on recons, 199 Or App 521, 112 P3d 433 (2005).