FILED: August 30, 2000

STATE OF OREGON,

Appellant,

v.

BRYAN K. LEMON,

Respondent.

Appeal from Circuit Court, Tillamook County.

David W. Hantke, Judge.

Argued and submitted July 31, 2000.

Jennifer S. Lloyd, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Daniel Q. O'Dell, Deputy Public Defender, argued the cause for respondent. With him on the brief was David E. Groom, Public Defender.

Before Haselton, Presiding Judge, and Wollheim, Judge, and Warren, Senior Judge.

PER CURIAM