¶2Dennis V. Messoline, Salem, argued the cause and filed the brief for appellant.
¶3Greg 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.
¶4Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and LEONARD, Judge pro tempore.
¶5PER CURIAM.
¶6Affirmed. State v. Orueta, 343 Or. 118, 164 P.3d 267 (2007).