759
Submitted January 30, 2020, affirmed May 26, 2021
STATE OF OREGON,
Plaintiff-Respondent,
v.
JOSE MARCOS HERRERA,
Defendant-Appellant.
Deschutes County Circuit Court
16CR51381; A168039
Beth M. Bagley, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Sarah De La Cruz, Deputy Public Defender,
Office of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Kirsten M. Naito, Assistant Attorney
General, filed the brief for respondent.
Before Armstrong, Presiding Judge, and Tookey, Judge,
and Aoyagi, Judge.
PER CURIAM
Affirmed. State v. Merrill,