FILED: March 23, 2005

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

ARMANDO ARREDONDO,

Appellant.

02C51200; A123213

Appeal from Circuit Court, Marion County.

John B. Wilson, Judge.

Argued and submitted February 10, 2005.

Jamesa J. Drake, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Steven R. Powers, 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 Edmonds, Presiding Judge, and Haselton and Linder, Judges.

PER CURIAM