FILED: July 14, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

JOHNNY LEE GILMOUR,

Appellant.

(CM9820221; CA A100882)

Appeal from Circuit Court, Benton County.

Robert S. Gardner, Judge.

Argued and submitted February 4, 1999.

Chris W. Dunfield argued the cause and filed the brief for appellant.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before De Muniz, Presiding Judge, and Haselton and Linder, Judges.

PER CURIAM

Affirmed. State v. Hunt, Or App , P2d (July 7, 1999).


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