
    Argued and submitted November 21,1988,
    reversed and remanded for new trial March 22,
    reconsideration denied May 12, petition for review allowed June 27,1989 (308 Or 158)
    STATE OF OREGON, Respondent, v. HARRY EMIL VIAR, Appellant.
    
    (87CR-1771; CA A48131)
    770 P2d 614
    Nick Nylander, North Bend, argued the cause for appellant. With him on the brief was Flaxel, Todd & Nylander, North Bend.
    Jonathan H. Fussner, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
    Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
    PER CURIAM
    Rossman, J., dissenting.
   ROSSMAN, J.,

dissenting.

For the reasons I expressed in my dissent in State v. Ainsworth, 95 Or App 240, 247, 770 P2d 58 (1989), I dissent.  