FILED: December 13, 2000

STATE OF OREGON,

Respondent,

v.

JOHN SAMUEL THIEMEYER III,

Appellant.

Appeal from Circuit Court, Multnomah County.

William C. Snouffer, Judge.

Argued and submitted October 31, 2000.

Meredith Allen, Deputy Public Defender, argued the cause 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 Haselton, Presiding Judge, and Wollheim and Brewer, Judges.

PER CURIAM