Opinion
CC 92-2662; CA A76662; SC S41334
Submitted May 24, 1994
January 27, 1995
In Banc
Sally L. Avera, Public Defender, Salem, filed the petition on behalf of petitioner on review.
No appearance contra.
MEMORANDUM OPINION
The petition for review is allowed. The decision of the Court of Appeals is vacated, and the case is remanded to the Court of Appeals for reconsideration in the light of State v. Kephart, 320 Or. 433, 887 P.2d 774 (1994), and State v. Martin, 320 Or. 448, 887 P.2d 782 (1994).