FILED: March 13, 2003

STATE OF OREGON,

Respondent,

v.

GLENN DAVID HATTENHAUER,

Appellant.

Appeal from Circuit Court, Clackamas County.

Patrick D. Gilroy, Judge.

Argued and submitted January 30, 2003.

Monica L. Finch, Deputy Public Defender, argued the cause for appellant. With her on the briefs was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Daniel J. Casey, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before Haselton, Presiding Judge, and Linder and Wollheim, Judges.

PER CURIAM