FILED: February 11, 2010
IN THE SUPREME COURT OF THE STATE OF OREGON
STATE OF OREGON,
Petitioner on Review,
v.
MICHAEL K. RODGERS,
Respondent on Review.
(CC CM0420629; CA A128857; SC S056239 (Control))
STATE OF OREGON,
Petitioner on Review,
v.
ANTHONY DOUGLAS KIRKEBY,
Respondent on Review.
(CC
CR030112; CA A128263; SC S056237)
(Cases Consolidated for Opinion)
En Banc
On review from the Court of Appeals.*
Argued and submitted February 9, 2009, at Central Catholic High School, Portland, Oregon.
Anna Marie Joyce, Assistant Attorney General, Salem, argued the cause for petitioner on review.