FILED: November 16, 2005

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

CHARLES ANTHONY AULT,

Appellant.

01CR0644; A119702

Appeal from Circuit Court, Josephine County.

J. Loyd O'Neal, Judge.

Argued and submitted September 30, 2005.

Tammy W. Sun, Deputy Public Defender, argued the cause for appellant. With her on the briefs were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Jennifer Lloyd, Attorney-In-Charge, Collateral Remedies and Capital Appeals, argued the cause for respondent. On the respondent's brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Thomas D. Cobb, Assistant Attorney General. On the supplemental brief was Bethany Cunningham, Assistant Attorney General.

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

PER CURIAM

Affirmed. State v. Sullivan, 197 Or App 26, 104 P3d 636 (2005).


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