855 P.2d 1171

STATE OF OREGON, Respondent, v. DENNIS ELLSWORTH DAVIDSON, Appellant.

91-1912, 92-226; CA A75208Oregon Court of Appeals.
Argued and submitted June 30, affirmed August 4, reconsideration denied October 27, petition for review denied November 16, 1993 (318 Or. 61)

Appeal from Clackamas County, Circuit Court.

Patrick D. Gilroy, Judge.

David E. Groom, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Warren, Presiding Judge, and Deits and Edmonds, Judges.

PER CURIAM

Affirmed. ORS 138.222(2)(d); State v. Adams, 315 Or. 359, 847 P.2d 397 (1993); State v. Tanner, 121 Or. App. 104, 854 P.2d 941
(1993); State v. Kilborn, 120 Or. App. 462, 852 P.2d 935 (1993) State v. Johnston, 120 Or. App. 165, 851 P.2d 1156 (1993).

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