
    Argued October 27,
    affirmed October 27, 1975
    STATE OF OREGON, Appellant, v. RALPH WILTON MARINO, Respondent.
    
    (No. 74 5736, CA 4782)
    541 P2d 832
    
      Donald L. Paillette, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Attorney General, and W. Michael Gillette, Solicitor General, Salem.
    
      J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.
    Before Schwab, Chief Judge, and Poet and Thornton, Judges.
   PER CURIAM.

Affirmed. See, State v. Grisback, 271 Or 439, 532 P2d 1125 (1975).  