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STATE v. EARING

DC 268836-8312/CA A32168/SC S33012.

733 P.2d 27 (1987)

302 Or. 613

STATE of Oregon, Petitioner On Review, v. James Frederick EARING, Jr., Respondent On Review.

Supreme Court of Oregon.

Decided February 10, 1987.

Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Virginia L. Linder, Asst. Sol. Gen., Salem, filed the petition for review.

Timothy J. Sercombe of Harrang, Swanson, Long & Watkinson, Eugene, and Rex Armstrong, Portland, argued the cause for respondent on review. On the response to the petition for review was Timothy Grabe, of Rieke, Geil & Savage, P.C., Portland.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ.

PER CURIAM.

The Court of Appeals is affirmed, 79 Or.App. 543, 719 P.2d 517. The trial court is affirmed. State v. Ray, 302 Or. 595, 733 P.2d 28

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