Opinion
CC C93-08-35812; CA A81560; SC S41982
Submitted on petition for review filed January 26, 1995
Petition for review denied July 27, 1995
In Banc
On review from the Court of Appeals.
Appeal from Multnomah County Circuit Court, Stephen L. Gallagher, Jr., Judge. 131 Or. App. 511, 884 P.2d 1229 (1994).
Sally L. Avera, Public Defender for Oregon, and David E. Groom, Deputy Public Defender, Salem, filed the petition for petitioner on review.
No appearance for respondent on review.
MEMORANDUM OPINION
The petition for review is denied.
Durham, J., filed a concurring opinion.
I concur in the court's denial of review for the reason stated in my concurring opinion in State v. Montgomery, 321 Or. 390, 391, 898 P.2d 766 (1995).