FILED: December 15, 2004

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

DEAN ANTHONY STURGILL,

Appellant.

20-03-02046; A121228

Appeal from Circuit Court, Lane County.

Bryan T. Hodges, Judge.

Submitted on record and briefs September 30, 2004.

Susan Fair Drake, Senior Deputy Public Defender, filed the brief for appellant. With her on the brief were Peter Gartlan, Chief Defender, and Peter A. Ozanne, Executive Director, Office of Public Defense Services.

Jonathan H. Fussner, Assistant Attorney General, 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 Wollheim and Schuman, Judges

PER CURIAM