867 P.2d 571

STATE OF OREGON, Respondent, v. JOHN LEE GULLOTTO, JR., Appellant.

92CR0436; CA A74930Oregon Court of Appeals.Argued and submitted July 27, 1993.
Affirmed February 16, 1994.

Appeal from Circuit Court, Coos County, Robert F. Walberg, Judge.

Ingrid A. MacFarlane, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before Deits, Presiding Judge, and Richardson, Chief Judge,[*] and Rossman, Judge.

[*] Richardson, C.J., vice Durham, J.

PER CURIAM

Affirmed. ORS 138.222(2)(d); State v. Adams, 315 Or. 359, 847 P.2d 397 (1993); State v. Kilborn, 120 Or. App. 462, 852 P.2d 935
(1993); State v. Johnston, 120 Or. App. 165, 851 P.2d 1156, rev den 317 Or. 272 (1993).

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