820 P.2d 906
C89-03-31137; CA A64436Oregon Court of Appeals.Argued and submitted October 14, 1991.
Affirmed November 13, 1991, Reconsideration denied February 19, 1992. Petition for review allowed May 26, 1992 (313 Or. 299) See later issue Oregon Reports
Appeal from Circuit Court, Multnomah County, Robert W. Redding, Judge.
Howard Clyman, West Linn, argued the cause and filed the brief for appellant.
Jonathan H. Fussner, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Warren, Presiding Judge, and Riggs and Edmonds, Judges.
PER CURIAM
Affirmed. State v. Smith, 103 Or. App. 113, 796 P.2d 665 (1990) rev allowed 311 Or. 87 (1991).
Page 700
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