FILED: October 31, 2007

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

MARK EDWARD ARMER,

Defendant-Appellant.

Deschutes County Circuit Court
MI042454, MI050762; A129221 (Control), A129222

Edward L. Perkins, Judge.

Submitted on record and briefs August 31, 2007.

Peter Ozanne, Executive Director, Peter Gartlan, Chief Deputy Public Defender, Legal Division, and Ryan O'Connor, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

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

Before Brewer, Chief Judge, and Ortega, Judge, and Deits, Judge pro tempore.

PER CURIAM