Opinion
Thomas J. Crabtree, Bend, argued the cause for appellant. With him on the brief was Crabtrees&sRahmsdorff, Bend.
Victoria Rudometkin, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Attorney General, James E. Mountain, Jr., Solicitor General, and Jeff Bennett, Assistant Attorney Genera, Salem.
Before Richardson, Presiding Judge, Joseph, Chief, Judge, and Warden, Judge.
PER CURIAM
Affirmed. Berkemer v. McCarty, 468 U.S. 420, 104 S.Ct. 3138, 82 L.Ed.2d 317 (1984); State v. Smith, 301 or 681, 725 P.2d 894 (1986).