Opinion
CR9-1954-JT; CA A62281
Argued and submitted April 25, 1990
Affirmed May 23, reconsideration denied August 22, 1990 Petition for review allowed by opinion October 4, 1990
Appeal from District Court, Deschutes County.
Joseph J. Thalhofer, Judge.
Henry M. Silberblatt, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Acting Public Defender, Salem.
Jas. Adams, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Richardson, Presiding Judge, and Newman and Deits, Judges.
PER CURIAM
Affirmed. State v. Ben, 97 Or. App. 640, 777 P.2d 1001, rev allowed 308 Or. 465 (1989).