
    Argued and submitted August 31, 1993,
    affirmed by an equally divided court September 9, 1994
    STATE OF OREGON, Respondent on Review, v. THOMAS ELDRIDGE LAWRENCE, Petitioner on Review.
    
    (DC 903896; CA A70304; SC S39919)
    880 P2d 431
    Jeffrey C. Hollen, of Richardson, Ouderkirk & Hollen, Newport, argued the cause and filed the petition for petitioner on review.
    Jonathan H. Fussner, Assistant Attorney General, Salem, argued the cause for respondent on review.
    Before Carson, Chief Justice, and Peterson, Gillette, Van Hoomissen, Fadeley, Unis, and Graber, Justices.
    
      
       Peterson, J., retired December 31, 1993.
    
   PER CURIAM

Affirmed by an equally divided court.

Unis, J., dissented and filed an opinion.

UNIS, J.,

dissenting.

In my view, the decision of the Court of Appeals in this case should be vacated, and this case should be remanded to the Court of Appeals in light of this court’s decision in State v. Nagel, 320 Or 24, 880 P2d 451 (1994).  