174 P.3d 1119 (2007)
217 Or. App. 400
STATE of Oregon, Plaintiff-Respondent,
1054548, 050849011; A130981 (Control); A130982.
STATE of Oregon, Plaintiff-Respondent,
v.
Bruce Earl BENNETT, Defendant-Appellant.
1054548, 050849011; A130981 (Control); A130982.
Court of Appeals of Oregon.
Submitted on Record and Briefs May 30, 2007. Decided December 26, 2007.Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Mary-Shannon Storey, Deputy Public Defender, Office of Public Defense Services, filed the opening brief for appellant. On the reply brief were Peter Gartlan, Chief Defender, Legal Services Division, and Mary-Shannon Storey, Deputy Public Defender.
Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Paul L. Smith, Assistant Attorney General, filed the brief for respondent.
Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.
*1120 PER CURIAM.
Affirmed. State v. Rodriguez, 217 Or.App. 24, ___ P.3d ___ (2007).