FILED: September 10, 2010
IN THE SUPREME COURT OF THE STATE OF OREGON
STATE OF OREGON,
Petitioner on Review,
v.
RICHARD DALE PARTAIN,
Respondent on Review.
(CC 03P3038; CA A132336; SC S057581)
En Banc
On review from the Court of Appeals.*
Argued and submitted March 2, 2010.
Susan G. Howe, Senior Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review.