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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