FILED: November 26, 2003


IN THE COURT OF APPEALS OF THE STATE OF OREGON


STATE OF OREGON,

Respondent,

           v.

WAYNE SCOTT ROLFE,

Appellant.

01-3342CR, 01CR-0341; A118014 (Control), A118148

(Cases Consolidated)

Appeal from Circuit Court, Klamath County.

Karla J. Knieps, Judge.

Argued and submitted September 30, 2003.

Louis R. Miles, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter A. Ozanne, Acting Executive Director, Office of Public Defense Services.

Doug M. Petrina, Assistant Attorney General, argued the cause and filed the brief for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before Edmonds, Presiding Judge, and Schuman, Judge, and Leeson, Judge pro tempore.

           PER CURIAM

           Affirmed. State v. McCoin, 190 Or App 532, ___ P3d ___ (2003).


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