FILED: May 20, 2009
IN THE COURT OF APPEALS OF THE STATE OF OREGON
STATE OF OREGON,
Benton County Circuit Court
David B. Connell, Judge.
Submitted on March 31, 2009.
Peter Gartlan, Chief Defender, and Erik Blumenthal, Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.
Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Katherine H. Waldo, Senior Assistant Attorney General, filed the brief for respondent.
Before Wollheim, Presiding Judge, and Brewer, Chief Judge, and Carson, Senior Judge.
Affirmed.� State v. Nelson, 224 Or App 193, 197 P3d 1130 (2008).