decision of Court of Appeals and judgment of circuit court affirmed by an equally divided court January 10, 2013.

STATE OF OREGON, Respondent on Review, v. FRANK LUMPKINS, JR. Petitioner on Review.

Kenneth A. Kreuscher, Portland Law Collective, Portland, argued the cause and filed the brief for petitioner on review. With him on the brief was Travis Eiva.

Landau, Brewer, and Baldwin, JJ., did not participate in the consideration or decision of this case.