FILED: November 26, 2003


IN THE COURT OF APPEALS OF THE STATE OF OREGON


STATE OF OREGON,

Respondent,

           v.

FELIMON DEJESUS UBALDO,

Appellant.

C020720CR; A119794

           Appeal from Circuit Court, Washington County.

Gayle A. Nachtigal, Judge.

Argued and submitted October 31, 2003.

Tammy W. Sun, Deputy Public Defender, argued the cause for appellant. With her 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).


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