FILED: June 4, 2010
IN THE SUPREME COURT OF THE STATE OF OREGON
STATE OF OREGON,
Respondent on Review,
v.
TYLER JAMES LUPOLI,
Petitioner on Review.
(CC C052106CR, C053594CR; CA A132083, A132084; SC S056477)
En Banc
On review from the Court of Appeals.*
Argued and submitted September 14, 2009.
Robert Rosenthal, New York, argued the cause and filed the brief for petitioner on review.