FILED: September 22, 1999

STATE OF OREGON,

Respondent,

v.

TERRY WENDALL NELSON,

Appellant.

Appeal from District Court, Multnomah County.

Janice R. Wilson, Judge.

Argued and submitted February 16, 1999.

Garrett A. Richardson argued the cause and filed the brief for appellant.

Laura S. Anderson, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Landau, Presiding Judge, and Wollheim and Brewer, Judges.

PER CURIAM

Affirmed. State v. Johnson, ___ Or App ___, ___ P2d ___ (decided this date).