¶2J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.
¶3Douglas F. Zier, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.
¶4Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.
¶6Affirmed. State v. Hendrix,107 Or. App. 734, 813 P.2d 1115 (decided this date).