FILED: August 16, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Appellant,

v.

KEVIN JOHN SCHMIDT,

Respondent.

D0300926T; A125113

Appeal from Circuit Court, Washington County.

Timothy P. Alexander, Judge.

Argued and submitted July 10, 2006.

Douglas F. Zier, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Ben Eder argued the cause for respondent. With him on the brief were Robert Thuemmel and Thuemmel & Uhle.

Before Edmonds, Presiding Judge, and Wollheim, Judge, and Cramer, Judge pro tempore.

PER CURIAM