concurring.
I concur in the majority opinion. I would note, however, that I do not think that State v. Dillman, 34 Or App 937, 580 P2d 567 (1978), rev den 285 Or 195 (1979), can be reconciled with the principles enunciated in State v. Cloutier, 286 Or 579, 596 P2d 1278 and State v. Garcia, 288 Or 413, 605 P2d 671