The decision of the Court of Appeals is affirmed for the reasons stated in its decision.

Affirmed.

Specially Concurring.

In this case, the continuing validity of State v. Brown, 262 Or 442, 497 P2d 1191 (1972), is placed squarely in issue. I would reach the issue, and I concur based upon the reasons given in my concurring opinion in State v. Knowles, 289 Or 803, 618 P2d 1245 (1980).