
    Argued and submitted October 14,
    affirmed November 13, 1991,
    reconsideration denied February 19,
    petition for review allowed May 26, 1992 (313 Or 299)
    STATE OF OREGON, Respondent, v. VINCENT LEE WYATT, Appellant.
    
    (C89-03-31137; CA A64436)
    820 P2d 906
    Howard Clyman, West Linn, argued the cause and filed the brief for appellant.
    Jonathan H. Fussner, Assistant Attorney General, Salem, argued the causé for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
    Before Warren, Presiding Judge, and Riggs and Edmonds, Judges.
   PER CURIAM

Affirmed. State v. Smith, 103 Or App 113, 796 P2d 665 (1990), rev allowed 311 Or 87 (1991).  