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STATE v. MONTGOMERY

92CR2600FE; CA A79608.

883 P.2d 1342 (1994)

131 Or. App. 288

STATE of Oregon, Appellant, v. Gregory Euclid MONTGOMERY, Respondent.

Court of Appeals of Oregon.

Decided November 9, 1994.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

David K. Allen, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

PER CURIAM.

This case presents the same issues that were presented in State v. Sharp, 131 Or.App. 148, 883 P.2d 916 (1994), which affirmed the trial court by an equally divided court. The same result is mandated here.

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