FILED: March 28, 2007

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

JOHN WESLEY DAVIS,

Defendant-Appellant.

Multnomah County Circuit Court
031136033; A126088

Marshall L. Amiton, Judge.

Argued and submitted September 18, 2006.

Andy Simrin argued the cause and filed the brief for appellant.

Kaye E. McDonald argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before Haselton, Presiding Judge, and Armstrong and Rosenblum, Judges.

PER CURIAM