FILED: August 8, 2001

STATE OF OREGON,

Appellant,

v.

TIMOTHY WAYNE LYNN,

Respondent.

Appeal from Circuit Court, Douglas County.

Joan G. Seitz, Judge.

Argued and submitted June 20, 2001.

Thomas C. Patton, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Doyle L. Schiffman argued the cause and filed the brief for respondent.

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

PER CURIAM