
    Argued and submitted June 18, 2014,
    reversed March 18, 2015
    STATE OF OREGON, Plaintiff-Respondent, v. KEVIN JOHN FAILL, Defendant-Appellant.
    
    Washington County Circuit Court
    C120564CR; A153229
    346 P3d 625
    Suzanne Upton, Judge.
    Laura A. Frikert, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.
    Michael S. Shin, Senior Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Matthew J. Preusch, Assistant Attorney General.
    Before Duncan, Presiding Judge, and Haselton, Chief Judge, and Wollheim, Senior Judge.
    
    PER CURIAM
    
      
       Haselton, C. J., vice Edmonds, S. J.
    
     