dissenting.
I agree that the rationale and result of State v. Hoskinson, 320 Or 83, 879 P2d 180 (1994), do not appear to materially alter the analysis of this case. However, I dissent and adopt without elaboration the reasoning expressed by Judge Durham’s dissent in State v. Lumpkin, 129 Or App 601, 617-20, 880 P2d 468 (1994).