FILED: December 29, 1999

STATE OF OREGON,

Respondent,

v.

DANIEL JAMES SIMPSON,

Appellant.

Appeal from Circuit Court, Jackson County.

Rebecca G. Orf, Judge.

Argued and submitted November 19, 1999.

Kimi Nam, Deputy Public Defender, waived oral argument for appellant. With her on the brief was David E. Groom, Public Defender.

Timothy A. Sylwester, 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 Wollheim, Judges.

PER CURIAM