¶1Floyd C. Vaughan, Baker, argued the cause for appellant. With him on the briefs was Silven & Schmeits, Baker.
¶2William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.
¶3Before GILLETTE, P.J., and RICHARDSON and ROBERTS, JJ.
¶4PER CURIAM.
¶5Reversed. State v. Wells, 27 Or. App. 537, 556 P.2d 727 (1976).