Defendant appeals a judgment of conviction for witness tampering, ORS 162.285(1), arguing that the evidence was insufficient to establish that an official proceeding was pending at the time defendant induced or attempted to induce the victim to withhold testimony, a material element of the crime. That argument is foreclosed by our recent decision in State v. Bailey, 219 Or App 526, 183 P3d 232 (2008).

Affirmed.