Opinion
Submitted May 16, 1972
Affirmed May 26, 1972
Appeal from Circuit Court, Malheur County, JEFF D. DORROH, Judge.
Gary D. Babcock, Public Defender, and J. Marvin Kuhn, Deputy Public Defender, Salem, for appellant.
No appearance for respondent.
Before LANGTRY, Presiding Judge, and FOLEY and FORT, Judges.
AFFIRMED. State v. Gann, 254 Or. 549, 463 P.2d 570 (1969); Apodaca v. Oregon, 406 U.S. 404, 92 S Ct 1628, 32 L Ed 2d 184 (1972).