FILED: February 15, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

CHRISTOPHER J. NEWMAN,

Appellant.

03C-47443; A125777

Appeal from Circuit Court, Marion County.

Susan M. Tripp, Judge.

Submitted on record and briefs November 30, 2005.

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Jamesa J. Drake, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Erika L. Hadlock, Assistant Solicitor General, filed the brief for respondent.

Before Landau, Presiding Judge, and Schuman and Ortega, Judges.

PER CURIAM.

Affirmed. State v. Vigil, 197 Or App 407, 106 P3d 656, adh'd to as modified on recons, 199 Or App 525, 112 P3d 441, rev den, 339 Or 156 (2005).


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