Opinion
No. 79-66C, CA 17763
Argued and submitted November 26, 1980
Affirmed December 22, 1980 Reconsideration denied January 29, 1981 Petition for review denied October 6, 1981 ( 291 Or. 708)
Appeal from Circuit Court, Klamath County.
Ted Abram, Judge.
Enver Bozgoz, Klamath Falls, argued the cause and filed the brief for appellant.
John C. Bradley, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were James M. Brown, Attorney General, John R. McCulloch, Jr., Solicitor General, and William F. Gary, Deputy Solicitor General, Salem.
Before Richardson, Presiding Judge, and Thornton and Buttler, Judges.
Affirmed. State v. Patton, 47 Or. App. 169, 613 P.2d 1102 (1980).
BUTTLER, J., dissenting opinion.
I respectfully dissent for the same reasons I stated in my dissent in State v. Brown, 49 Or. App. 75, 618 P.2d 1318 (1980).