State v. Mahoney , 115 Or. App. 440 ( 1992 )

JOSEPH, C. J.,

dissenting.

The majority’s attempt to distinguish State v. O’Brien, 96 Or App 498, 774 P2d 1109, rev den 308 Or 466 (1989), is wholly unpersuasive. That is hardly surprising, because there is no rational way to make a distinction.

I dissent.