FILED: February 2, 2005

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

SANTIAGO ROMER CASTILLO,

Appellant.

0212-54052; A121308

Appeal from Circuit Court, Multnomah County.

Richard C. Baldwin, Judge.

Argued and submitted November 30, 2004.

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Irene B. Taylor, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Stacey RJ Guise, Assistant Attorney General, filed the brief for respondent.

Before Landau, Presiding Judge, and Armstrong, Judge, and Deits, Judge pro tempore.

PER CURIAM