FILED: December 14, 2005

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Appellant,

v.

MARIE ELAINE SIEMER,

Respondent.

Appeal from Circuit Court, Josephine County.

Pat Wolke, Judge pro tempore.

Argued and submitted November 22, 2005.

Doug M. Petrina, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Neil C. Morey waived appearance for respondent.

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

PER CURIAM

Reversed and remanded. State v. Norman, ___ Or App ___, ___ P3d ___ (Dec 7, 2005)