FILED: October 31, 2001

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

DEREK ALAN LALONDE,

Appellant.

87CR0427; A102076

On remand from the Oregon Supreme Court, State v. Lalonde, 331 Or 249, 14 P3d 584 (2000).

Appeal from Circuit Court, Josephine County.

J. Loyd O'Neal, Judge.

Submitted on remand December 7, 2000, on appellant's petition for review filed May 8, 2000, and petition for reconsideration filed August 16, 2000.

Walter J. Ledesma, Deputy Public Defender, for petition for review and petition for reconsideration.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Holly A. Vance, Assistant Attorney General, for response.

Derek Alan Lalonde, filed a reply pro se.

Before Landau, Presiding Judge, and Deits, Chief Judge,* and Brewer, Judge.

PER CURIAM

Affirmed. State v. Crain, 177 Or App ___, ___ P3d ___ (October 31, 2001).

*Deits, C. J., vice Warren, S. J.


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