dissenting.

For the reasons I expressed in my dissent in State v. Ainsworth, 95 Or App 240, 770 P2d 58, rev allowed 308 Or 158 (1989), I dissent.

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 P2d 58, rev allowed 308 Or 158 (1989), controls. State v. Gohring, 95 Or App 746, 770 P2d 614 (1989). Were it not for that fact, I would hold that the facts of this case are distinguishable from Ainsworth.