FILED: March 15, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

WILLIAM ERNEST BIRCHFIELD,

Appellant.

0212-54735; A123284

Appeal from Circuit Court, Multnomah County.

Clifford Freeman, Judge.

Argued and submitted February 9, 2006.

Garrett A. Richardson argued the cause and filed the brief for appellant.

Paul L. Smith, 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 Haselton, Presiding Judge, and Brewer, Chief Judge, and Rosenblum, Judge.*

PER CURIAM

Affirmed. State v. Hancock, 317 Or 5, 854 P2d 926 (1993).

*Rosenblum, J., vice Richardson, S. J.


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