FILED: October 18, 2000

STATE OF OREGON,

Respondent,

v.

LOREN MACNAB

Appellant.

Appeal from Circuit Court, Benton County.

Janet Schoenhard Holcomb, Judge.

Argued and submitted September 29, 2000.

Andy Simrin, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Robert B. Rocklin, 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 Edmonds, Presiding Judge, and Armstrong, Judge, and Ceniceros, Senior Judge.

PER CURIAM