FILED: July 14, 1999

STATE OF OREGON,

Appellant,

v.

KIRBY DOYLE HALL,

Respondent.

Appeal from District Court, Multnomah County.

Douglas G. Beckman, Judge.

Argued and submitted June 18, 1999.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Garrett A. Richardson filed the brief for respondent.

Before De Muniz, Presiding Judge, and Deits, Chief Judge, and Haselton, Judge.

PER CURIAM

Affirmed. State v. Moore, 159 Or App 144,   P2d (1999).