FILED: July 30, 2009
IN THE SUPREME COURT OF THE STATE OF OREGON
STATE OF OREGON,
Respondent on Review,
v.
KENNETH WAYNE BAILEY,
Petitioner on Review.
(CC 200406042A; CA A126255; SC S056152)
En Banc
On review from the Court of Appeals.*
Argued and submitted January 14, 2009.
Bronson D. James, Chief Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review.