Opinion
44737; CA A37305
Argued and submitted March 10, 1986.
Affirmed May 29, 1986. Reconsideration denied July 25, 1986. Petition for review allowed September 9, 1986 ( 301 Or. 765). See later issue Oregon Reports.
Appeal from District Court, Yamhill County, Wayne R. Harris, Judge.
Jonathan H. Fussner, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.
Frank E. Stoller, Newberg, argued the cause and filed the brief for respondent.
Before Warden, Presiding Judge, and Van Hoomissen and Young, Judges.
PER CURIAM
Affirmed. State v. Ray, 79 Or. App. 529, 719 P.2d 922 (1986).
Van Hoomissen, J., dissenting.
I respectfully dissent for the reasons stated in my dissenting opinions in State v. Earing, 79 Or. App. 543, 719 P.2d 517 (1986), and State v. Henry, 78 Or. App. 392, 717 P.2d 189 (1986).