Opinion
03C-40009; A122147.
Submitted on record and briefs July 28, 2005.
August 31, 2005.
Appeal from Circuit Court, Marion County. John B. Wilson, Judge.
Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Anne Fujita Munsey, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.
Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Steven R. Powers, Assistant Attorney General, filed the brief for respondent.
Affirmed. State v. Gutierrez, 197 Or App 496, 106 P3d 670, adh'd to on recons, 199 Or App 521, 112 P3d 433 (2005).