FILED: November 14, 2001

STATE OF OREGON,

Respondent,

v.

ROBERT LEE THAXTON,

Appellant.

Appeal from Circuit Court, Lane County.

Mary Ann Bearden, Judge.

Argued and submitted July 31, 2001.

David C. Degner, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, State Public Defender.

Janet A. Klapstein, 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 Linder and Wollheim, Judges.

PER CURIAM