
    Argued March 27,
    reversed and remanded April 9,
    petition for rehearing denied May 10,
    petition for review denied June 26, 1973
    STATE OF OREGON, Appellant, v. JESSE LEE SIMS, Respondent.
    
    (No. C 72-08-2433 Cr)
    508 P2d 232
    
      Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.
    
      J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.
    Before Schwab, Chief Judge, and Foley and Fort, Judges.
   PER CURIAM.

The issue in this case is identical to that in State v. Franke, 13 Or App 278, 508 P2d 454, Sup Ct review denied (1973).

Reversed and remanded.  