FILED: March 9, 2005

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

ROBERT DEAN NICKELL,

Appellant.

CM0220497; A121492

Appeal from Circuit Court, Benton County.

Henry R. Dickerson, Judge.

Submitted on record and briefs January 20, 2005.

Patrick M. Ebbett filed the brief for appellant. With him on the brief was Chilton, Ebbett & Rohr, LLC.

Doug M. Petrina, 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 Brewer, Chief Judge, and Schuman, Judge.*

PER CURIAM