FILED: September 27, 2000

STATE OF OREGON,

Respondent,

v.

GARY DUANE HUTCHINSON,

Appellant.

Appeal from Circuit Court, Lincoln County.

Charles Littlehales, Judge.

Argued and submitted August 28, 2000.

Susan F. Drake, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Public Defender.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Landau, Presiding Judge, and Brewer, Judge, and Warren, Senior Judge.

PER CURIAM

Affirmed. State v. Hutchinson, 169 Or App 264, ___ P3d ___ (2000).