
    Argued and submitted June 15,
    affirmed August 12,
    reconsideration denied October 7,
    petition for review allowed November 24, 1992 (314 Or 727)
    STATE OF OREGON, Respondent, v. JOHN GENE LAYTON, Appellant.
    
    (90-60221; CA A71859)
    834 P2d 553
    Richard L. Fredericks, Springfield, argued the cause for appellant. With him on the brief were Lynn S. Walsh, Certified Law Student, and Thorp, Dennett, Purdy, Golden & Jewett, P.C., Springfield.
    Meg Rieran, Assistant Attorney General, Salem, argued the cause for respondent. On the brief were Charles S. Crook-ham, Attorney General, Virginia L. Linder, Solicitor General, and Kaye Ellen Sunderland, Assistant Attorney General, Salem.
    Before Warren, Presiding Judge, and Riggs and Edmonds, Judges.
   PER CURIAM

Affirmed. State v. King, 114 Or App 32, 36, 834 P2d 463 (1992).  