FILED: September 12, 2001

STATE OF OREGON,

Respondent,

v.

GABINO CHAVEZ JR.,

Appellant.

Appeal from Circuit Court, Malheur County.

J. Burdette Pratt, Judge.

Argued and submitted April 30, 2001.

Meredith Allen, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, State Public Defender.

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

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

PER CURIAM

Affirmed. State v. Johnston, 176 Or App ___, ___ P3d ___ (September 5, 2001).