FILED: April 26, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

RICKIE SIBBITT,

Appellant,

v.

SHARON BLACKETTER,
Superintendent,
Eastern Oregon Correctional Institution,

Respondent.

CV05-0861; A129751

Appeal from Circuit Court, Umatilla County.

F. J. Yraguen, Senior Judge.

Argued and submitted March 23, 2006.

James N. Varner argued the cause and filed the brief for appellant.

Jennifer S. Lloyd, Attorney-in-Charge, Collateral Remedies and Capital Appeals, 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 Ortega, Judges.

PER CURIAM

Affirmed. See Lutz v. Hill, ___ Or App ___, ___ P3d ___ (Apr 26, 2006).