The opinion
FOET, J.,
concurring.
I concur in the court’s construction of the rule just announced in State v. Hammang, 271 Or 749 , 534 P2d 501 (1975), as applied to this case, and thus concur in the result now announced affirming the ruling of the trial court.
I adhere, however, to the view expressed in my prior dissenting opinion in this case.