STATE v. MITCHELL

Julie H. McFarlane, Portland, argued the cause and filed the briefs for petitioner on review. Janet A. Klapstein, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General. Jenny Cooke, Portland, filed a brief for amicus curiae Oregon Criminal Defense Lawyers Association.