STATE v. MERRILL

Andy Simrin, Deputy Public Defender, Salem, argued the cause for petitioners on review. With him on the briefs was Sally L. Avera, Public Defender. Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.