¶2*1117 Jesse Wm. Barton, Salem, argued the cause and filed the briefs for appellant.
¶3Robert M. Atkinson, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
¶4Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.
¶5PER CURIAM.
¶6Affirmed. State v. Rodriguez,217 Or.App. 24, ___ P.3d ___ (2007).