FILED: September 5, 2001

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

DAVID BRADLEY MATTHEW METZ,

Appellant.

99-12-0279C; A109823

Appeal from Circuit Court, Malheur County.

J. Burdette Pratt, Judge.

Argued and submitted May 31, 2001.

Beth Corbo, 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 Landau, Presiding Judge, and Brewer, Judge, and Ceniceros, Senior Judge.

PER CURIAM

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


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