FILED: December 26, 2007

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

KURT PAUL METTIE,

Defendant-Appellant.

Multnomah County Circuit Court
050343177; A130026

Frank L. Bearden, Judge.

Argued and submitted August 7, 2007.

Rankin Johnson IV argued the cause and filed the brief for appellant.

Paul L. Smith, Assistant Attorney General, argued the cause for respondent. With him 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