Opinion
CC CM92-2135; CA A80532; SC S42067
Submitted on petition for review filed March 1, 1995
Petition for review denied July 27, 1995
In Banc
On review from the Court of Appeals.
Appeal from Benton County Circuit Court, Henry R. Dickerson, Jr., Judge. 132 Or. App. 531, 889 P.2d 351 (1995).
Sally L. Avera, Public Defender for Oregon, and Ingrid A. MacFarlane, 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).