STATE v. SESSION

PER CURIAM

Reversed and remanded for new trial. State v. Ainsworth, 95 Or. App. 240, 770 P.2d 58, rev allowed 308 Or. 158 (1989); State v. Gohring, 95 Or. App. 746, 770 P.2d 614 (1989).

Edmonds, J., concurring.

Riggs, J., dissenting.

EDMONDS, J., concurring.

I concur with the majority only because a panel of this court has held in a companion case on the same fact, that State v. Ainsworth, 95 Or. App. 240, 770 P.2d 58, rev allowed 308 Or. 158 (1989), controls. State v. Gohring, 95 Or. App. 746, 770 P.2d 614 (1989). Were it not for that fact, I would hold that the facts of this case are distinguishable from Ainsworth.

RIGGS, J., dissenting.

For the reasons I expressed in my dissent in State v. Ainsworth, 95 Or. App. 240, 770 P.2d 58, rev allowed 308 Or. 158 (1989), I dissent.