FILED: March 8, 2001

IN THE SUPREME COURT OF THE STATE OF OREGON

STATE OF OREGON,

Petitioner on Review,

v.

WILLIAM D. KRUCHEK,

Respondent on Review.

(CC 95-12-39452; CA A92706; SC S46175)

On review from the Court of Appeals.*

Argued and submitted May 11, 2000.

Robert B. Rocklin, Assistant Attorney General, Salem, argued the cause for petitioner on review. Kaye McDonald Sunderland, Assistant Attorney General, filed the petition. With her on the petition were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General.

Peter Gartlan, Chief Deputy Public Defender, Salem, argued the cause for respondent on review. With him on the briefs was David E. Groom, Public Defender.

Before Carson, Chief Justice, and Gillette, Durham, and Leeson, Justices.**

MEMORANDUM OPINION

The decision of the Court of Appeals is affirmed by an equally divided court.

*Appeal from Multnomah County Circuit Court, Marshall Amiton, Judge. 156 Or App 617, 969 P2d 386 (1998).

**Van Hoomissen, J., retired December 31, 2000, and did not participate in the decision of this case; Kulongoski, Riggs, and De Muniz, JJ., did not participate in the consideration or decision of this case.


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