Opinion
83-1361-C; CA A33432
Submitted on record and briefs May 22, 1985.
Affirmed April 9, 1986. Reconsideration denied May 23, 1986. Petition for review allowed July 29, 1986 ( 301 Or. 445). See later issue Oregon Reports.
Appeal from Circuit Court, Josephine County, Gerald C. Neufeld, Judge.
Marc Kardell and Kardell's Legal Clinic, Medford, filed the brief for appellant.
Dave Frohnmayer, Attorney General, James E. Mountain, Jr., Solicitor General, and Jeff Bennett, Assistant Attorney General, Salem, filed the brief for respondent.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
Affirmed. State v. Cole, 78 Or. App. 450, 717 P.2d 221 (1986).
Buttler, P. J., dissenting.
For the reasons stated in my dissent in State v. Cole (Deborah), 78 Or. App. 450, 717 P.2d 221 (1986), I respectfully dissent.