FILED: August 5, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

RAYMOND HENRY HALE,

Defendant-Appellant.

Wasco County Circuit Court
0700125M
A136015

Bernard L. Smith, Judge.

Argued and submitted on January 29, 2009.

Laura A. Frikert, Deputy Public Defender, argued the cause for appellant.� With her on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Leigh A. Salmon, Assistant Attorney General, 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 Rosenblum, Judge, and Deits, Senior Judge.

PER CURIAM

Affirmed.� State v. Thomas, 229 Or App 453, ___ P3d ___ (2009).


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