FILED: February 20, 2002

STATE OF OREGON,

Appellant,

v.

JOEL K. BELANGER,

Respondent.

Appeal from Circuit Court, Multnomah County.

Ellen F. Rosenblum, Judge.

Argued and submitted January 30, 2002.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Rolf C. Moan, Assistant Attorney General, filed the brief for appellant.

Rebecca Duncan, Deputy Public Defender, argued the cause for respondent. With her on the brief was David Groom, Oregon Public Defender.

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

PER CURIAM