¶2David O. Ferry, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.
¶3Christina M. Hutchins, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.
¶4Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and CARSON, Senior Judge.
¶5PER CURIAM.
¶6Affirmed. State v. Gerrish,311 Or. 506, 815 P.2d 1244 (1991); State v. Cobb,224 Or.App. 594, 198 P.3d 978 (2008), rev. den.,346 Or. 364, 213 P.3d 578 (2009).