State v. Anderson

VAN HOOMISSEN, J.,

specially concurring.

I agree with the result in this case, because this court has very recently spoken to the issue. Nelson v. Lane County, 79 Or App 753, 720 P2d 1291, rev allowed 301 Or 765 (1986). I write specially to note that, while I did not participate in the Nelson decision, had I done so, I would have agreed with the view expressed by Judge Richardson in his specially concurring opinion.