FILED: February 11, 2010
IN THE SUPREME COURT OF THE STATE OF OREGON
STATE OF OREGON,
Petitioner on Review,
v.
THOMAS GREGORY MACHUCA,
Respondent on Review.
(CC 050647097; CA A133362; SC S057910)
En Banc
On review from the Court of Appeals.*
Argued and submitted December 16, 2009.
John R. Kroger, Attorney General, Salem, argued the cause for respondent on review.