The petition for review is allowed. The decision of the Court of Appeals, State v. Dalby, 244 Or App 329, 258 P3d 1292 (2011), is reversed. State v. Rainoldi, 351 Or 486, 268 P3d 568 (2011). The judgment of the circuit court is affirmed.

The decision of the Court of Appeals is reversed and the judgment of the circuit court is affirmed.