Opinion
90C-21213; CA A69389
Argued and submitted June 29, 1992
Affirmed October 14, 1992
Appeal from Circuit Court, Marion County.
Robert McConville, Judge.
Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.
Harrison Latto, 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 Warren, Presiding Judge, and Riggs and Edmonds, Judges.
PER CURIAM
Affirmed. State v. Dummitt, 115 Or. App. 487, 839 P.2d 246 (1992).
Edmonds, J., dissenting.
I dissent for the reasons expressed in my dissent in State v. Dummitt, 115 Or. App. 487, 839 P.2d 246 (1992).