FILED: December 27, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Respondent,

v.

CARL GENE DUNLAP,

Appellant.

026073FE; A125976

Appeal from Circuit Court, Jackson County.

Lorenzo A. Mejia, Judge.

Submitted on record and briefs September 29, 2006.

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Shawn Wiley, 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 Edmonds, Presiding Judge, and Armstrong and Wollheim, Judges..

PER CURIAM

Affirmed. State v. Tanner, __ Or App, __, __ P3d __ (Dec 20, 2006).


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