FILED: June 19, 2002

STATE OF OREGON,

Respondent,

v.

JAMES DEWAYNE REEDY,

Appellant.

Appeal from Circuit Court, Baker County.

Milo Pope, Judge.

Argued and submitted May 29, 2002.

Daniel M. Carroll, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Michael J. Slauson, 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 Landau, Presiding Judge, and Deits, Chief Judge, and Brewer, Judge.

PER CURIAM