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STATE v. EARING

DA 268836-8312; CA A32168.

719 P.2d 517 (1986)

79 Or.App. 543

STATE of Oregon, Appellant, v. James Frederick EARING, Jr., Respondent.

Court of Appeals of Oregon.

Decided May 29, 1986.

Attorney(s) appearing for the Case

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Timothy Grabe, Portland, argued the cause and filed the brief for respondent.

Before GILLETTE, P.J., Pro Tem., and VAN HOOMISSEN and ROSSMAN, JJ.

PER CURIAM.

Affirmed. State v. Ray, 79 Or.App. 529, 719 P.2d 922 (1986).

VAN HOOMISSEN, J., dissents.

VAN HOOMISSEN, Judge, dissenting.

I respectfully dissent for the reasons stated in my dissenting opinion in State v. Henry, 78 Or.App. 392, 717 P.2d 189 (1986). It is improper for this...

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