Opinion
No. 78-1315, CA 11299
On respondent's petition for reconsideration filed January 17, 1979, former opinion filed December 12, 1978, 37 Or. App. 591, 588 P.2d 72, petition for rehearing granted; former opinion withdrawn; conviction affirmed February 20, petition for review allowed July 10, 1979. See later issue of Oregon Reports
In Banc
Appeal from the Circuit Court, Lane County, Roland K. Rodman, Judge.
James A. Redden, Attorney General, Walter L. Barrie, Solicitor General, and Catherine Allan, Assistant Attorney General, Salem, for petition.
PER CURIAM.
Petition for reconsideration granted; former opinion withdrawn; conviction affirmed.
Roberts, J., dissenting opinion.
The state seeks reconsideration on our former opinion, reported at 37 Or. App. 591, 588 P.2d 72 (1978). Upon reconsideration, we are now of the view that the dissenting opinion correctly analyzed the facts and the law. Accordingly, the petition for reconsideration is granted, our former opinion is withdrawn, the analysis of the dissent is adopted as the opinion of the court, and the defendant's conviction is affirmed.
I would adhere to our former majority opinion, and so respectfully dissent.
Richardson and Buttler, JJ, join in this dissent.