FILED: September 17, 2009
IN THE SUPREME COURT OF THE STATE OF OREGON
STATE OF OREGON,
Petitioner on Review,
v.
ROBERT LYNN FOSTER,
Respondent on Review.
(CC CM0520170; CA A129929; SC S056299)
En Banc
On review from the Court of Appeals.*
Argued and submitted May 12, 2009.
Douglas F. Zier, Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review.