222 P.3d 48
Nos. 082398; A140600.Oregon Court of Appeals.Argued and submitted November 19, 2009.
December 16, 2009.
Appeal from the Lincoln County Circuit Court Charles P. Littlehales, Judge.
Dennis V. Messoline argued the cause and filed the brief for appellant.
Greg Rios, Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.
Before Sercombe, Presiding Judge, and Brewer, Chief Judge, and Leonard, Judge pro tempore.
PER CURIAM
Affirmed. State v. Orueta, 343 Or 118, 164 P3d 267 (2007).
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