FILED: January 27, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

RAYMOND BURTON MCINTYRE,

Defendant-Appellant.

Jackson County Circuit Court
075575FE
>A139498

Ronald D. Grensky, Judge.

Argued and submitted on December 22, 2009.

Kenneth K. Kreuscher, Deputy Public Defender, argued the cause for appellant.  With him on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

David B. Thompson, Senior Assistant Attorney General, argued the cause for respondent.  With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before Wollheim, Presiding Judge, and Sercombe, Judge, and Edmonds, Senior Judge.

PER CURIAM