Opinion
F93-020117C; CA A85385
Argued and submitted November 29, 1995.
Affirmed January 3, 1996. Petition for review denied May 7, 1996 ( 323 Or. 264)
Appeal from Circuit Court, Union County, Ronald D. Schenck, Judge.
Peter Gartlan, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.
Ann F. Kelley, 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 Riggs, Presiding Judge, and Landau and Leeson, Judges.
Affirmed. State v. Merrill, 135 Or. App. 408, 899 P.2d 712, rev allowed 322 Or. 193 (1995).