STATE v. PRUITT, 111 Or. App. 380 (1992)

823 P.2d 1039

STATE OF OREGON, Respondent, v. ALAN CASON PRUITT, JR., Appellant.

90-08-1776; CA A67842Oregon Court of Appeals.
On Motion for Summary Affirmance by Department of Justice filed November 8, 1991 Affirmed February 12, 1992

Appeal from Circuit Court, Linn County.

Glen D. Baisinger, Judge pro tempore.

Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Janet A. Klapstein, Assistant Attorney General, Salem, filed the motion for respondent.

No appearance contra.

Before Joseph, Chief Judge, and Deits and Durham, Judges.

PER CURIAM

Affirmed.

Page 381

PER CURIAM

Respondent has moved for summary affirmance on the ground that the issue that defendant seeks to raise is not within this court’s scope of review. We grant the motion. State v. Cook, 108 Or. App. 576, 816 P.2d 697 (1991), rev den 312 Or. 588 (1992).

Affirmed.

Page 382