Opinion
88-1315, 88-1316; CA A62227
Submitted In Banc February 5, 1992
On respondents — cross-appellants petition for reconsideration filed December 18, 1991 Of opinion filed July 24 ( 108 Or. App. 196, 816 P.2d 612) Petition for reconsideration denied July 8, 1992 Petition for review denied September 29, 1992 ( 314 Or. 392)
In Banc
Appeal from Circuit Court, Columbia County.
Thomas E. Edison, Judge.
Forest N. Rieke, Leland R. Berger, Jon P. Martz and Rieke, Geil Savage, P.C., Portland, for petition.
Petition for reconsideration denied.
Warren, J., dissenting.
I would grant the petition for reconsideration for the reasons stated in my special concurrence opinion in State v. Worsham, 114 Or. App. 170, 834 P.2d 1033 (1992). Joseph, C.J., and Rossman, J., join in this dissent.