
    On respondent’s petition for rehearing filed February 11,
    former opinion filed January 22 (288 Or 451, 605 P2d 690),
    separate opinion on denial of petition for rehearing February 26, 1980
    STATE OF OREGON, Respondent, v. NANCY LEE SCHARF, Petitioner.
    
    (TC T-32694, CA 10121, SC 25855)
    605 P2d 690
    James A. Redden, Attorney General, Walter L. Barrie, Solicitor General, and Robert C. Cannon, Assistant Attorney General, Salem, for petition.
    No appearance contra.
    TANZER, J.
   TANZER, J.

It has been my practice since joining this court not to participate in the review of cases in which I participated as a judge of the Court of Appeals. This is such a case and I am not participating in its decision. The result is unaffected by any action of mine.

To abstain in silence, however, would be misleading. Because this case was decided by a four-member majority which included my predecessor, the validity of the majority opinion as precedent depends upon whether I would have concurred. I would not necessarily in a future similar case concur in the reasoning of the majority in this case.  