Opinion
92-CR-944; CA A79002
Argued and submitted April 28, 1994
Affirmed November 2, 1994
Appeal from Circuit Court, Curry County.
Hugh C. Downer, Jr., Judge.
Steven V. Humber, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.
Kaye E. Sunderland, Assistant Attorney General, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.
Before Deits, Presiding Judge, and Riggs and Haselton, Judges.
Affirmed. ORS 138.222(2)(d); State v. Adams, 315 Or. 359, 847 P.2d 397 (1993); State v. Kilborn, 120 Or. App. 462, 852 P.2d 935 (1993); State v. Johnston, 120 Or. App. 165, 851 P.2d 1156, rev den 317 Or. 272 (1993).