FILED: December 10, 2009
IN THE SUPREME COURT OF THE STATE OF OREGON
STATE OF OREGON,
Respondent on Review,
v.
ROY LEE MCCULLOUGH, JR.,
aka Roy Lee McCullough, Sr.,
Petitioner on Review.
(CC 060834514; CA A134505; SC S056910)
En Banc
On review from the Court of Appeals.*
Argued and submitted September 15, 2009.
Kenneth A. Kreuscher, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review.