
    Argued December 15,
    affirmed December 22, 1975,
    reconsideration denied January 28, petition for review denied March 9, 1976
    STATE OF OREGON, Respondent, v. JESSE MILLER, Appellant.
    
    (No. 74-613-C, CA 4454)
    543 P2d 1076
    
      John K. Hoover, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
    
      John W. Burgess, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and W. Michael Gillette, Solicitor General, Salem.
    Before Schwab, Chief Judge, and Thornton and Lee, Judges.
   PER CURIAM.

The sole issue raised by the defendant has been decided adversely to him in the companion case of State v. Akridge, 23 Or App 555, 543 P2d 1073 (1975).

Affirmed.  