FILED: November 10, 2004

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

ANTHONY CORNELL SINIBALDI,

Appellant.

Appeal from Circuit Court, Marion County.

Susan M. Tripp, Judge.

Argued and submitted September 30, 2004.

David C. Degner, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Timothy Sylwester, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General.

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

PER CURIAM