
    Argued and submitted December 13, 1989,
    the decision of the Court of Appeals and judgment of the circuit court affirmed February 22, 1990
    STATE OF OREGON, Respondent on Review, v. MARIANO GONZALEZ, Petitioner on Review.
    
    (CC CR 88-93, 88-94, 88-95; CA A50081(Control), A50082, A50083; SC S36517)
    787 P2d 480
    George W. Kelly, Eugene, argued the cause and filed the petition for petitioner on review.
    Janet Metcalf, Assistant Attorney General, Salem, argued the cause for respondent on review.
    Before Peterson, Chief Justice, and Linde, Carson, Jones, Gillette, Van Hoomissen, and Fadeley, Justices.
    
      
       Linde, J., retired January 31, 1990.
    
   MEMORANDUM OPINION

The decision of the Court of Appeals and the judgment of the circuit court are affirmed. State v. McKay, 309 Or 305, 787 P2d 479 (1990).  