FILED: November 26, 2003

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

           v.

MARK J. LINDSAY,

01CR1991; A118034

           Appeal from Circuit Court, Coos County.

Martin E. Stone, Judge.

Argued and submitted October 31, 2003.

Walter J. Ledesma, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter A. Ozanne, Executive Director.

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

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

           PER CURIAM

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