PER CURIAM
Affirmed by an equally divided court.
Unis, J., dissented and filed an opinion.
UNIS, J., dissenting.
In my view, the decision of the Court of Appeals in this case should be vacated, and this case should be remanded to the Court of Appeals in light of this court's decision in State v. Nagel, 320 Or. 24, 880 P.2d 451 (1994).